Dáil suspended after Cork TD attempts to raise George Nkencho case

Ceann Comhairle Seán Ó Fearghaíl insisted that the separation of powers meant matters before the courts and decisions by the Director of Public Prosecutions (DPP) could not be discussed in the Dáil.

Mr Ó Fearghaíl, suspended the house for 10 minutes at 12.25pm after Mr Barry said he would not resume his seat.

Mr Nkencho, aged 27, was the first person of colour ever fatally shot by gardaí.

He was shot dead in the front garden of his family’s home in Clonee, Dublin 15, on December 30, 2020.

Mr Nkencho was shot multiple times by the Garda Armed Support Unit after he appeared to lunge at gardaí with a knife following an alleged assault by him at a nearby shop.

Tasers and pepper spray had been used before the shooting, gardaí had said.

The shooting was investigated by the Garda Síochána Ombudsman Commission (Gsoc) and a file had been sent to the DPP, which has decided not to prosecute.

A statement issued by the Nkencho family solicitor, Phelim O’Neill, said: “The Nkencho family are disappointed with the decision of the Director of Public Prosecutions not to prosecute members of An Garda Síochána involved in the shooting dead of their son and brother George.

“The family intend to appeal this decision and in the circumstances will not be making any further statements until this process has been concluded.”

Speaking on Thursday, Mr Barry said: “George Nkencho was shot dead by an armed guard on December 30, 2020. He was shot five times, twice in the back.

“Yesterday we learned how the garda who shot him will not now stand trial.

“George’s grieving mother, his sisters and brothers, a working class migrant family, will now have to fight a long and hard battle for justice, even for basic information, like so many others have had to do in the past.” 

Mr Barry compared the decision to the recent State apology to the survivors and families of the victims of the Stardust fire in 1981.

“On Tuesday, the State apologised to the Stardust families, the house rose in standing ovation and everybody said ‘never again’.

“Yet, just one day later, the State appears to many to be doing it all over again.” 

At this point, Mr Ó Fearghaíl told Mr Barry that there was a long-established principle around separation of powers whereby the decision of the DPP “may not be commented on” within the Dáil.

“You cannot comment,” he said, adding: “Nobody in this chamber is going to comment on actions, statements or decisions of the courts or the DPP.”

The Ceann Comhairle said the DPP is "independent" and its actions "could not be commented on in this house". He said "our hearts go out to the Nkencho family" adding that Mr Nkencho "should not have lost his life". Mr Barry cited standing orders which allow TDs to raise matters of "public importance", which he said this was.

When the Dáil returned, Mr Barry rephrased his question to ask whether the Gsco report into the case should be provided to Mr Nkencho’s family and be published.

Agriculture Minister Charlie McConalogue, who was taking Leaders’ Questions on behalf of the Government, expressed his “deepest sympathies” to the Nkencho family.

“I know that the community have experienced trauma and the family very much so as a result of these events, and I know that many for many people, this development will be upsetting.” 

Mr McConalogue said fatal shootings by gardaí are “very rare in Ireland” but are all independently investigated by Gsoc.

He said he could not speak for the DPP and added that the family had been advised of its rights to appeal the decision.

Mr Barry said the Gsco report would help provide answers on how gardaí responded to the case and how they deal with mental health crises.

He said the Gsoc investigation took hundreds of witness statements, examined video evidence and took two and a half years.

“It’s not available to George’s grieving mother, his brothers and sisters. I believe that report should be published, should be made available."