Gino Kenny Demands Public Inquiry into Shane O'Farrell Death

Minister, I want to ask you today, will you indicate your support for public inquiry in relation to the death of Shane O'Farrell, which happened in August 2011, and Shane was killed in hit and run, and many of us would argue that, you know, that death was completely unlawful, and it could have been prevented, so I want to get to your opinion in relation to, you know, the family and many of the supporters of Shane, to call for a public inquiry into Shane's death. I want to thank Deputy Kenney for raising this important matter, and I, of course, want to start by expressing my sympathy to the O'Farrell family on their desperately sad loss. Shane was clearly a wonderful son and brother with a bright future ahead of him, and I know his loss is felt acutely by all those who had the great benefit of knowing him. As Deputy Kenney will be aware, Retired District Court Judge Gerard Houghton was appointed by the then Minister for Justice in 2019 to carry out a scoping exercise in light of the public controversy and concerns surrounding the circumstances of Shane's tragic death. The purpose of the scoping exercise was to advise whether any further investigation or inquiry beyond those already carried out was necessary, and if so, to advise on the form of such investigation or inquiry and its terms of reference. Judge Gerard Houghton did submit his final report to Minister McEntee, and since the receipt of the final report, the advice of the Attorney-General was sought and has been received in relation to the issue of publication of that report and other matters arising. I know Minister McEntee wrote to each department and agency responsible for issues, giving rise to recommendations in the report, and in July of last year, the O'Farrell family were provided with a copy of the report on a strictly confidential basis. I understand that Minister McEntee, together with the then Taoiseach, Michal Martin, met with members of the O'Farrell family late last year regarding the report, both in terms of the content of the report and issues regarding the publication of the report. Obviously, I have taken up office in recent weeks. I am currently considering this important report myself, and I intend to decide shortly on how best to proceed. Of course, I will then convey that to the family, to the O'Farrell family, and indeed seek government approval or noting of the way in which I intend to proceed. Thanks, Minister. Many of us have spoken about Shane O'Farrell, who was killed 12 years ago. Shane O'Farrell should be alive today if it wasn't for the systemic failure of our judicial system in relation to what happened on that day. Shane O'Farrell and his family continued to be failed in relation to that fateful day, and the injustice lingers. Not only does grief linger, but also injustice of that family calling for a public inquiry in relation to Shane's death. The more I look and observe the last few years in relation to the report by Houghton, nothing but a public inquiry will do in relation to Shane's death. To thank Deputy Kenney, I want to reiterate my absolute sympathy and condolences to the O'Farrell family and to all those who knew Shane. The report is a substantial document, and my colleague, Minister McEntee, rightly carefully considered its contents and indeed sought legal advices received on foot of the report. Once I have concluded my consideration of the report and the associated legal advices, it is my intention to bring the report to Cabinet at that stage, and I do expect to be in a position to do so shortly. As I have said, the decision was rightly taken to provide the O'Farrell family with a copy of the report on 27 July. I think it was appropriate and important that both the then Taoiseach and the then Minister for Justice met with the family late last year to discuss the contents of the report. Until such time as the report has been published, I am obviously not in a position to discuss the contents of the report, but I would remind colleagues that one of the terms of reference was for the report, to advise on whether any inquiry is necessary into the systems and procedures and the form of any such investigation inquiry. So I do think it is important that that report, when published, gives the members an opportunity to consider it in full. Mr Mike, the question is when will that report be brought to Cabinet? I think that is very, very important. Then how it will proceed after that. Obviously in 2019, both Houses passed a motion calling for a public inquiry. Before I came here, I looked at the definition of a public inquiry. It says there are four main points of a public inquiry. To establish the facts. To learn lessons. To restore public confidence. And to determine accountability. Surely all them pointers point in relation to the failures of what happened to Shane O'Farrell on that day. Minister, I am appealing to you and appealing to the Government to call in public inquiry in relation to Shane O'Farrell's death. I do not think anything else could suffice in relation to what the family find themselves in. I have not seen the report, but nothing else will suffice at this moment in time for a public inquiry in relation to Shane O'Farrell's death. I fully accept your absolute sincerity on this issue. As you quite rightly say, I have not seen the report yet, because the report obviously has not yet been published. You are asking me a direct question as to when will the report be published. I am conscious of the substantial nature of the report. I am conscious of the fact that there was a meeting between the family, the then Taoiseach, the then Minister. I am conscious that there were legal advices also in terms of publication. I am considering all of that and I intend to go to Cabinet very shortly in relation to this matter. I think we do need to remind ourselves in this House that the Government's decision to establish this scoping exercise by retired Judge Houghton was a direct response to the Oireachtas' request for further examination to be given. The final revised terms of reference for Judge Houghton's scoping exercise were settled in July 2019. The judge's remit was to advise the Minister for Justice on whether there are any circumstances surrounding the death of Mr O'Farrell which warrant further investigation or inquiry beyond those already carried out. Whether any inquiry is necessary into the systems and procedures for sharing of information between Gardashia, the Court Service and other relevant State bodies operating at the time of Shane O'Farrell's death. The form of any such investigation or inquiry. It is terms of reference and the suggested composition of the investigation or inquiry. The next step now is for me to finalise my consideration of the report and to advise Cabinet on the matter.