Dáil Éireann Debate, Tuesday - 14 June 2022
1310. Deputy Pat Buckley asked the Minister for Justice the provisions that exist to provide appropriate adults to assist people with disabilities if they are arrested by a member of An Garda Síochána; and if she will make a statement on the matter. [29563/22]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended). This includes the recruitment and training of all Garda members and staff.
As the Deputy will be aware, there are several legislative measures to protect the rights of people with disabilities. For example, the Equal Status Acts 2000 to 2015 prohibit discrimination, harassment, and sexual harassment in access to services. These Acts require An Garda Síochána to take reasonable accommodation steps for people with disabilities, particularly in circumstances where they may require specialist or specific facilities, arrangements, services or assistance.
The Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, make provision for a series of procedural safeguards with respect to the treatment in custody and questioning of children and otherwise vulnerable detainees. The scope of the Treatment of Persons in Custody Regulations in 1987 was focused on the creation and maintenance of the custody record. The regulations provide that a parent, guardian, spouse, relative or other responsible person can be contacted, where appropriate, when a person with a disability (as referred to in the Regulations) is arrested.
In order to safeguard the rights of adult detainees who the member in charge suspects or knows to have an invisible disability, Regulation 22(2) expressly provides that where the member in charge arranges for the presence of “some other responsible adult other than a member”, the responsible adult should, where practicable, be a person who has appropriate experience.
I am advised that the Garda Human Rights Section conducted a review of An Garda Síochána's Custody Record Risk Assessment Form to evaluate its effectiveness. The recommendations made following this review have been considered in line with the obligations of Ireland pursuant to Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD), to furnish persons with a disability with effective access to justice on an equal basis with others, and to provide them with appropriate special facilities where necessary to allow them to realise this right.
An Garda Síochána is currently in the process of compiling a revised Risk and Vulnerability Assessment to further their commitment to safeguarding the rights and needs of any person who is vulnerable or has a disability. This will ensure a consistent approach to the provision of supports and services for vulnerable people interacting with An Garda Síochána, protecting their Human Rights.
