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Garda Ombudsman Commission Investigations.

Dáil Éireann Debate, Tuesday - 23 March 2010

Tuesday, 23 March 2010

Ceisteanna (331, 332)

Joan Burton

Ceist:

454 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the measures that will be taken by his Department and the Garda Síochána to address and prevent system failures which were identified by the Garda Ombudsman in relation to the inquiry into the death of a person (details supplied) while in Garda custody in 2005; and if he will make a statement on the matter. [12692/10]

Amharc ar fhreagra

Freagraí scríofa

The report of the Garda Síochána Ombudsman Commission into the tragic death of the person concerned was published on the 10 March 2010. The report found that there was insufficient evidence to support the allegation that the person in question was assaulted by Garda members during his arrest, and no credible evidence that he was mistreated in any way during his detention in Store Street Garda Station. It also made a number of findings and recommendations regarding the presence of ligature suspension points in cells and the process required to ensure prisoners do not have access to ligatures while in custody.

The Garda Commissioner is carefully examining these recommendations. Significant change has already occurred since this tragic death in 2005, and a number of the recommendations are already being progressed by the Garda Síochána and in some cases have been implemented. These include the following developments:

The installation of CCTV systems in Garda stations. To date systems have been installed in ten stations with plans to install systems in a further five.

In 2008, following a survey by the Office of Public Works of cells and detention facilities in 40 Garda stations in the Dublin Metropolitan Region, a programme of upgrade works was commenced and is ongoing.

Guidance notes for members of An Garda Síochána on the regulations governing the treatment of persons in Garda custody have been extensively updated to incorporate recent legislative changes and other legal developments and to reflect best practice. The regulations detail the authority for searching prisoners in Garda custody and the removal of cords, strings, belts etc., from clothing for detained persons.

A leaflet containing "Information for Persons in Custody" is given to each detained person and clearly outlines their rights and entitlements as well as the procedures which will be followed by Gardaí throughout the period of detention.

A revised Garda Síochána Custody Record was issued in 2009 and provides for a risk assessment of each detained person as well as capturing more comprehensive detail on issues such as the condition of the detained person on arrival. These extensions to the custody record are intended to enhance the rights and treatment of persons detained.

The operation of all these measures will be subject to ongoing monitoring and review as part of the consideration being given to the report's recommendations and in pursuance of the Garda Síochána's commitment to upholding and protecting the rights of all detained persons.

Joan Burton

Ceist:

455 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the establishment of an independent public inquiry into the death of a person (details supplied) who died while in Garda custody in 2005; and if he will make a statement on the matter. [12693/10]

Amharc ar fhreagra

On 13 July 2007 an inquest into this tragic death returned a verdict of suicide. In the same month, the Garda Síochána Ombudsman Commission decided in the public interest to carry out an investigation into the circumstances surrounding the death. This was the first public interest investigation commenced by the Ombudsman Commission under Section 102 (4) of the Garda Síochána Act 2005. On the 10th March 2010, the Commission published their report following this investigation.

The report found that there was insufficient evidence to support the allegation that the person in question was assaulted by Garda members during his arrest, and no credible evidence that he was mistreated in any way during his detention in Store Street Garda Station. It also made findings in relation to the presence of a ligature suspension point in the cell, and how the person in question had a ligature with him in the cell. It also found that the recording of details of the custody fell below appropriate standards. The report also made a number of valuable recommendations on improved cell safety and custody records which will be carefully considered by the Garda Commissioner. In fact, many of the recommended changes were already under way and in some cases implemented prior to this report.

The Garda Síochána Ombudsman Commission is fully independent in the exercise of its functions and has been charged by the Oireachtas with investigating tragic incidents of this kind. Indeed, the Ombudsman Commission says in the report that it is satisfied that the report of the investigation and its review have been thorough, proportionate and independent. I do not believe, in these circumstances, that a further inquiry would be justified.

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