Mary Lou McDonald: Calls for Creeslough Public Inquiry

Taoiseach, today the families of those killed and injured at Crisla will bring their fight for answers to the Dáil. They'll be hearing the Dáil to speak with members later this afternoon and we'll make them most most welcome. I think every one of us remembers that fateful Friday afternoon in October 2022 remember the reports of an explosion at an Apple Green service station and apartments in the small Donegal village. How that shock later turned to disbelief as we learned that the explosion had claimed the lives of ten people. It took the life of five-year-old Seanna Flanagan Garway, the youngest victim and that of her doting father Robert. Thirteen-year-old James Monaghan and his mother Catherine O'Donnell. Fourteen-year-old Leona Harper, Jessica Gallagher, James O'Flaherty, Martin McGill, Martina Martin, Hugh Kelly aged 59 was the oldest to die. A tragedy that spanned generations etched into the collective memory of the people of Donegal. Families left heartbroken, shattered and bereft. Taoiseach, both you and I visited Crisla in the immediate aftermath of the explosion and I certainly will never ever forget the devastation and no doubt neither will you. For nearly four years these families have fought for answers for the full truth of what happened to their loved ones and how it happened. Families are calling for the establishment of a public inquiry. The government's response is that a public inquiry can't be granted while the criminal investigation is ongoing but the former guard the Commissioner was clear. He stated that it is possible to hold a public inquiry without compromising that investigation. Taoiseach, the family's reasons for wanting a public inquiry are very well founded. They are concerned that the criminal investigation may not examine regulatory oversight and safety standards, that without a public inquiry the full circumstances of the disaster may never be established and the criminal proceedings may take years, delaying answers. So it's just wrong that the families had to campaign publicly simply to secure a meeting with the Minister for Justice. The Minister, you recall, initially spurned the family's request for engagement and that caused real upset and anger and frustration too. Finally, after sustained pressure, the Minister changed his mind and he did meet with the families on the 9th of April and following that meeting, Dara Mackin, the legal representative for some of the families, stated and I quote, the Minister has now confirmed unequivocally to these families that he will consider holding an inquest with the senior judge or senior coroner, something similar to Stardust. Yet nearly three months later there's been no progress and the families are left feeling they're in limbo and that's why they bring their campaign for truth and justice to Leinster House today. Máir, Tá Fhraigraí tíld séidh na teálaí a Máireach agus agar tíl a nín i mointire i bléasca an chroíslaí. Tá sé éileabh físrú comh poibhlaí con an uireanna umlaan a aimsiú. Cathaí an ríochtas fhraigrat dó na éileabh gan a thuile mhuile tíosach. These families have endured years now without answers about the deaths of their loved ones. What exactly happened? How did it happen? Could it have been prevented? And after four years they need clarity. They need to know what the government is going to do. Please can you tell them today that you will establish a public inquiry. First of all, I do of course recall the horrific events at Chroísla where ten people died. It was a horrific tragedy in terms of the impact on all those individual families and all those who died and on the wider community. And I think it is important that the survivors and that the families get answers, get a comprehensive answers, but also get accountability and get justice. And the real issue here debate is one of what's the best mechanism to get both answers and accountability and justice. And I think it is important that the Gardaí are allowed, well the Gardaí have, and have been leading a tripartite investigation alongside the Health and Safety Authority and the Commission for the Regulation of Utilities. Seven arrests have been made in relation to the case and the most recent accord on the 12th of September 2025. No charges have been yet brought at this point. And Gardaí Seánach submitted a primary investigation file to the Director of Public Prosecutions on the 29th of September 2025. A supplementary file was submitted in March of this year. And the supplementary file includes formal recommendations from a Gardaí Seánach and that file is being considered by the DPP. I think you must acknowledge, and I think from my experience, there's always been an issue in terms of public inquiries whilst a criminal investigation is underway. And it's not as simple as you have articulated there, if I may say. I genuinely think there's an issue here and I do believe we should allow the criminal justice system conclude. I think a case in itself, quite a significant degree of that case of course, would be in public if a criminal investigation was to be initiated or charges served and so forth. And so the issue is what's the best mechanism to get the full answers to what transpired here and also to get accountability and justice in the event of any criminal negligence or wrongdoing being found. And there is, I mean all of the advice I've received down through the years has been, particularly AG advice more generally, has been that inquiries could ultimately compromise criminal investigations. But again, we are open to an inquiry and I do believe the, I think a criminal case or if a case was to be heard in court and so on, that would reveal quite a substantial amount of information. But if there are ongoing outstanding issues or concerns that remain after the conclusion of a criminal investigation and an inquest, consideration of course can be given to the establishment of a public inquiry. I understand in April that the Donegal coroner met with the families of those who died and he explained the inquest process to the families and he reiterated to the families that the guard investigation would take precedence as this was the most important investigation at this time. I understand fully it must be awful to be waiting so long for answers to what transpired here and our thoughts are with the victims, are with the families and loved ones and the survivors of the tragedy and indeed the wider community of Creislieu that were so impacted by what happened over three years ago. Deputy MacDonald. It's not I but in fact the former Garda Commissioner who offered very strongly the view and advice that there would be no compromising of the criminal investigation in the holding of a public inquiry. But be that as it may, we're now four years on and really the families have to have clarity on the direction of travel from government. You seem to be indicating an acceptance of the idea of an inquiry and you seem to be indicating that the question would be what the outstanding issues might be and how they might emerge. Can I ask Taoiseach that you might meet with the families and hear from them directly because undoubtedly there is a need for accountability and criminal accountability in open court. I don't dispute that for a second. The Garda must do their jobs and the other statutory authorities but the families have additional asks, additional questions so can I ask that you may clear the direction of government travel and that you actually meet with the families at the time of your mutual convenience. First of all of course Minister Callaghan did meet with the number of family members and their legal representatives in April of this year. I think it's unfair to say that he spurned. Generally the position has always been when a criminal investigation is on the way that Ministers for Justice have to keep a distance from the case given the separation of powers and so forth. I have no issue meeting with the families and will meet with them to be worked out. But I think there is a fundamental point, if you just think about it, the viability of having parallel a criminal investigation and a public inquiry at the one time, even as a layperson, not as a legal observation, I think would be extremely problematic and challenging in terms of witnesses and so forth. So the government's position is clear that we want to see the criminal justice system bring this to its conclusion. I do accept the point about to do it in a timely manner and I'm sure that the Director of Public Prosecutions is assessing the file and will make its decision.