Dáil Éireann Debate, Thursday - 26 November 2020
328. Deputy Thomas Pringle asked the Minister for Justice the number of Garda Síochána Ombudsman Commission, GSOC, investigations relating to deaths in custody and deaths after a period of detention in each of the years 2016 to 2019 and to date 2020; and if she will make a statement on the matter. [39332/20]
View answer329. Deputy Thomas Pringle asked the Minister for Justice the policies in relation to the investigations of deaths after a period of detention or custody; the timeframe in which such investigations take place; the criteria that must be met to refer to GSOC; and if she will make a statement on the matter. [39333/20]
View answerI propose to take Questions Nos. 328 and 329 together.
The Deputy will be aware that the Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005. I, as Minister, have no role in the operational matters pertaining to the Ombudsman Commission's remit, such as the direction of investigative priorities.
Furthermore, the Deputy will also be aware that the management and administration of the Garda organisation is a function of the Garda Commissioner under Section 26 of the 2005 Act. Again, as Minister, I have no role in these independent functions.
I have been advised by GSOC, however, that if GSOC believes there is a suspected criminal offence in the circumstances surrounding the death of an individual in Garda custody, then the subsequent GSOC investigation is a criminal one with GSOC Designated Officers having all the powers, privileges and immunities as those that apply to a member of the Garda Síochána.
If the matter does not appear to involve a criminal offence, then the GSOC investigation of the death-in-custody is a non-criminal one, which may include the consideration of any disciplinary matters that may be present. GSOC will ultimately report to the relevant Coroner on the circumstances of the death-in-custody so that an inquest may be held. To this end, GSOC will adopt a very similar approach to that taken by Gardaí in their investigations into deaths in that context.
I am further advised that each such investigation is complex and prescribing a time frame of such investigations is not possible. I am advised, however, that GSOC commences such investigations expeditiously upon notification from the Commissioner of any incident under Section 102 of the 2005 Act. In the past , GSOC has also opened investigations in the public interest under Section 102(4) of the Act, in the absence of any complaint or referral from the Garda Commissioner.
The criteria for referral of such matters to GSOC are provided for under Section 102 of the Garda Síochána Act 2005. Section 102(1) provides that "The Garda Commissioner shall refer to the Ombudsman Commission any matter that appears to the Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person".
It is important to note that this statutory obligation covers any incident involving members of An Garda Síochána that may have resulted in the death or serious harm of a person, and is not limited solely to deaths in custody or after a period of detention.
In relation to the number of investigations carried out by GSOC relating to deaths in custody or after a period of detention, the question is understood here to mean 'deaths-in-custody in a Garda Station' or 'deaths after release from a period of custody in a Garda Station'.
GSOC have advised that the following number of such investigations have been undertaken in the years specified:
2016 - 2
2017 - 2
2018 - 2
2019 - 5
2020 (Year to date) - 1
