Brendan Smith demands urgent public inquiry into Shane O'Farrell death
Brendan Smith spoke about the 2011 hit-and-run death of Shane O'Farrell and urged that the public inquiry process be progressed as soon as possible. He pressed the Minister for Justice to expedite the scoping exercise led by Judge Gerard Houghton and said the Government should not oppose a further inquiry if the judge so recommends.
Exchange in the chamber
The Deputy expressed deep sympathy for the O'Farrell family and recounted Lucia O'Farrell's accounts of systemic dysfunction in the criminal justice system that, the family believes, contributed to Shane's death. He emphasised the need for the scoping exercise established by a previous Minister for Justice to be completed quickly.
Scoping exercise details
Judge Gerard Houghton, a retired judge, has been conducting the scoping exercise and furnished an interim report to the Minister for Justice in November 2019. The judge has stated he will not restrict the family's submissions, is independent in his work, and the Department of Justice has been liaising with him and providing assistance as required; the judge is now seeking comments on sections of the draft report from parties named in it.
Allegations of state failings
Deputy Smith set out the family's view that the State failed in how Shane O'Farrell's death was investigated and prosecuted and criticised the handling of their complaints by GSOC. He told the House that the driver who killed Shane had 42 previous convictions, was on bail, had breached bail conditions and was serving suspended sentences which should have been activated.
Next steps and parliamentary context
Deputy Smith reminded colleagues that the Dáil voted on 14 June 2018 calling on the Government to establish a public inquiry and urged that the scoping exercise be completed as soon as possible so a necessary public inquiry may follow. The Minister replied that he would await Judge Houghton's final recommendations and said the Government is not opposed to a further inquiry if recommended by the judge.
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Thank you very much. My question refers to the tragic death of Shane O'Farrell in County Monaghan following a hit-and-run accident in August 2011. I have often listened to Lucia O'Farrell, Shane's mother, outlining in great detail and with great clarity the dysfunctionality of so many elements of the criminal justice system that led to Shane's tragic death. A scoping exercise was established by a previous Minister for Justice a considerable length of time ago. We need this public inquiry process to be progressed as soon as possible. Thank you, Oka Heardy. Thank you, Deputy Minister. Go raibh maith agathe. Deputy, thanks again for raising this issue. I wish to assure the Deputy that I also, as I know others in this House, do recognise the ongoing pain and the anguish of the O'Farrell family on the tragic death of Shane. I, once again, deeply sympathise with them on their loss. As the Deputy will be aware, a highly respected retired judge, Gerard Houghton, has been conducting a scoping exercise in into the tragic circumstances surrounding Shane O'Farrell's death. The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference. Judge Houghton furnished an interim report to the Minister for Justice in November 2019 in which he stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation that they wish to furnish to him in his scoping exercise. As the Deputy will appreciate, the judge is completely independent in conducting this scoping exercise. It is not open to me as Minister to comment on any aspect of the judge's work or the process of compiling the final report. My department maintains regular contact with the judge and has assured him that any assistance he requires to complete his final report will be made available. While I genuinely regret that this process has taken significantly longer than any of us would wish, I am also aware that the judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. I understand that Judge Houghton has been in contact with the O'Farrell family throughout this scoping exercise. I am informed that the process is now at the stage of seeking comments on various sections of the report from the parties named in it, including my department. I also understand that Judge Houghton has been in touch with the O'Farrell family regarding this matter. Thank you, Minister for your reply. My question is with the background that on 14 June 2018 we all voted in the Dáil at that time, calling on the Government to establish a public inquiry. As we all know in this House, the O'Farrell family has worked tirelessly seeking to get justice for their only son and brother. The State failed them in the manner in which the death of Shane was investigated, the State failed them in the manner in which the death of Shane was prosecuted, the State failed them in the manner in which the death of Shane was prosecuted, the State failed them in the manner in which the death of Shane was prosecuted. The State failed them in which the death of Shane was prosecuted, the State failed them in the manner in which their complaints around the investigation and prosecution was handled by GSOC. Justice has to be done in relation to this exceptionally good young man who was killed by a driver who shouldn't have been at liberty at the time. At that time the person who was driving that car had 42 previous convictions. The driver of the car was in bail in respect of several offences. He had breached the conditions of those bail bonds. He was serving suspended sentences, which should have been activated had the courts been informed of his convictions. It is a litany of dysfunctionality and a terrible injustice to a fine young Monaghan man. Thank you. Thank you Deputy, and thank you for the work that you have done on this as well. It is of course open to the judge to recommend the establishment of a statutory or non-statutary inquiry. I will await the recommendation of Judge Houghton in his final report before making any decision in relation to further enquiries into this matter. I do not wish to pre-empt any advices which the judge considers appropriate in the circumstances following the scoping exercise. I wish to state in clear terms that the Government is not opposed to the possibility of a further enquiry into this case if that is what the judge recommends. No restrictions have been placed on him in that regard. Like every Deputy in this House, I wish to see questions answered to the satisfaction of the O'Farrell family. Thank you Minister. I would like to see the scoping exercise completed as soon as possible and hopefully we will be going on to a necessary public enquiry that I believe is warranted. Thank you. Thank you for your time. Thank you. Thank you, Mr. President.
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