Human Rights Issues

Dáil Éireann Debate, Tuesday - 26 May 2015

Tuesday, 26 May 2015

Questions (110)

Pádraig MacLochlainn

Question:

110. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reforms she plans to introduce to make the State fully compliant with Article 2 of the European Convention on Human Rights, given that Articles 1 and 2 of the convention, when read together, require a proper and adequate official investigation into deaths resulting from the actions of State agents, both from the use of lethal force and in situations where the negligence of agents leads to a death. [19812/15]

Oral answers (6 contributions)

Deputy Pádraig Mac Lochlainn

Is the Minister satisfied that the State is compliant with Article 2 of the European Convention of Human Rights? Taken together, Articles 1 and 2 place a particular responsibility on the State to investigate deaths in suspicious circumstances, whether at the hands of State agents or others. The Joint Committee on Justice, Defence and Equality and the Joint Committee on Public Service Oversight and Petitions will shortly hold joint hearings to obtain the views of a range of delegates, including Mr. Michael Finucane, the Irish Council for Civil Liberties, people researching the systems in place in England Wales and a coroner in this state.

Deputy Frances Fitzgerald

Ireland takes very seriously its obligations under the European Convention on Human Rights. In particular, we are concerned to ensure the right to life, as stated in Article 2, when read in conjunction with Article 1, is respected and vindicated. As Minister for Justice and Equality, I am conscious of the responsibility which this brings, in particular because of my functions as they relate to an Garda Síochána and the Irish Prison Service. There is an obligation on the State to thoroughly investigate deaths which result from the use of force by State agents or in circumstances in which individuals die while in the custody or care of the State. The mechanisms whereby the death of an individual in such circumstances is investigated have changed in recent years. These changes have ensured Ireland is in a position to meet all of its obligations under the convention. Our commitment to complying with the convention was made explicit with the introduction of the European Convention on Human Rights Act 2003.

Under section 102 of the Garda Síochána Act 2005, the Garda Commissioner is required to refer to GSOC any matter that indicates to him or her that the conduct of a member or members of An Garda Síochána may have resulted in the death of or serious injury to a person. GSOC which is fully independent and has extensive powers of investigation is obliged to directly investigate such fatalities. This process is compliant with Article 2 of the convention. Since 1 January 2012 the death of any prisoner in custody is the subject of an independent investigation by the Inspector of Prisons. The Office of the Inspector of Prisons is a statutory independent office established under the Prisons Act 2007. The inspector's investigation and reports are part of a three pronged process, the other elements being investigations by An Garda Síochána and investigations and inquests conducted by coroners.  The inspector is satisfied that the combination of these processes meets the requirements under Article 2.

Deputy Pádraig Mac Lochlainn

If one reads Article 2 with Article 1, there is a broader challenge for the State. I will use as an example the case of Mr. Seamus Doherty who was murdered in Donegal in 2012. I have raised this case previously with the Minister at Question Time. In recent days Mr. Doherty's daughter, Caitriona, was in contact with me. She is on the verge of taking legal action against a range of bodies. She cannot have the coroner's hearing dealt with or apply to the Criminal Injuries Compensation Tribunal because the investigation is still live. She made a complaint to the Garda Síochána Ombudsman Commission about the conduct of the investigation and the serious questions that arose in respect of it. However, the ombudsman can only refer cases to the Garda Commissioner with an opinion on whether disciplinary action is required. She cannot get answers two years after the murder because of the way the system has been designed. Many coroners are critical about the need to update the Coroners Act 1962. The bereaved next of kin of victims are suffering indignities for several years as they try to get answers and, in some cases, challenging the State agencies tasked with carrying out investigations. Radical reform is required. I ask the Minister and her departmental officials to pay heed to the hearings of the Oireachtas committees and examine the issues brought to our attention.

Deputy Frances Fitzgerald

I will ask my officials to study the transcripts of the committee hearings to determine the issues arising. I acknowledge that the 1962 Act needs to be revisited and that that process commenced seven years ago under a previous Government.

I have had a number of meetings about that piece of work.

The Coroners Bill 2007, to which I referred, proposes to extend the matters which can be investigated by the coroner, from investigating the approximate cause of death to establishing in what circumstances the deceased met his or her death. I take the Deputy's point that when an investigation is ongoing it can be difficult to get answers from other bodies. While the investigation is current there is a real difficulty and it is not easy in any circumstances to see how that can be dealt with. If the Deputy can give me the individual details, I will see what policies issues arise concerning the points he has made.

Deputy Pádraig Mac Lochlainn

The other case that has led me to pursue this matter is that of Jake McGill-Lynch who in 2013 tragically took his life with a weapon in his own home. His family have been pursuing the issue of whether medication could have had an impact on his mental health that led to that scenario. It is devastating for this family, too, who are locked in a process through the coroner's system. The coroner's oversight is very limited when people question how the HSE or doctors dealt with their deceased family members. This poses a big challenge and, in fairness, it will take some time to address. I ask the Minister to be aware of the fact that many families have suffered a double bereavement of loss and then feel they are not getting justice for their loved ones. The system chugs along, yet never quite gives them the answers they need.

Deputy Frances Fitzgerald

Just last week, I held a meeting with about 50 representatives from a variety of victims' groups. I also held a meeting of criminal justice agencies to discuss the implications of the victims' directive, which has to be legislated for later this year. The implementation of that legislation will have a strong impact on some of the points the Deputy has raised, including the relationship between victims and various elements of the criminal justice system. In addition, it will give better information to victims and keep them informed.

As regards the Deputy's point about the use of medication, there are real concerns that this is not sufficiently incorporated by some of the bodies examining deaths. However, as the legislation on the victims' directive is introduced and begins to be implemented, it will have serious implications for behaviour in all of these bodies, whether it is the coroner's court or elsewhere within the courts system. Responses to victims will need to be much more robust and, in addition, victims will need to be told what their rights are. Representatives of the criminal justice agencies will be expected to have much better contact with victims.