The Irish parliament, the Dáil, came to a standstill over an altercation concerning attempts by Mick Barry, a Solidarity TD, aiming to discuss the resolution made by the DPP (Director of Public Prosecutions) regarding their decision against prosecuting the police responsible for the lethal shooting of 27-year-old George Nkencho. Sean O’Fearghaíl, the Speaker of the House, cautioned Barry about the principle of the separation of powers that keeps the functioning of the House, the courts and the DPP distinct, hence, preventing discussions or critiques on court or DPP matters.
Barry initially brought up the case during a leadership discussion, commenting that the grieving Nkencho family, who he described as being hard-working, immigrant and working-class, will now have to face a gruelling fight for justice and access to basic information. This comment was made in the wake of Nkencho family’s appeal against the DPP’s resolution.
The representative for Cork North-Central expressed his disappointment by making specific comparison to the State’s recent formal apology to the victims of Stardust disaster and how this contradiction was swiftly appearing to happen again by the State.
The Speaker of the House interjected, reminding Barry that the DPP and the judicial branch operate independently and their action or decisions shouldn’t be the topic of debate in the House. Barry responded by protesting that matters of “general public importance” must be open for raising. However, the Speaker stood his ground, telling Barry that discussions on the decision made by the DPP will not be allowed in the chamber.
Referring to the Nkencho incident as a “litmus test” for the State, Barry was once again cautioned by the Speaker who suggested he should change his approach.
In a statement, Mr. Barry expressed his views, asserting that Dublin, Ireland, come 2024, does not extend a warmer welcome to migrants or ethnic minorities. He referenced the previous November’s eruption of racially-motivated violence, as well as the recent murder of an immigrant for using his native language. He questioned the motivations behind not forwarding this case for trial.
Despite these assertions, Mr Ó Fearghaíl took a stand, firmly interjecting with an unwavering, “No, no, no, there is to be no more of this.” When Mr. Barry insisted on disrupting the proceedings, it was stressed to him that the rule of maintaining a balance of powers, which applied universally to all 160 TDs, will not be disregarded. Despite Mr Ó Fearghaíl’s repeated admonishments and requests to retake his seat, the defiant Mr. Barry held his ground, leading to the suspension of the House.
The House resumption saw Mr. Barry voicing his agreement on George Nkencho not deserving to die. He urged the release of the Gsoc report, a result of a 30-month investigation, remarking on its abundance of witness statements, visual proof, and other significant information. Unfortunately, the Nkencho family is yet to access it, he noted. Barry further pointed out the increasing estrangement that young people of colour feel towards the state and anticipates recent events to only intensify this feeling, a topic that he insists must be deliberated and acknowledged.
Acting Tánaiste, Minister for Agriculture Charlie McConalogue, confirmed that Gsoc has kept the Nkencho family briefed about their right to a summary of rationale, not leading to a prosecution, and the privilege to ask for a re-evaluation of the decision. He indicated that more detailed aspects of Gsoc’s investigation will be made publicly accessible on the approval of other legal processes.