Dáil Éireann Debate, Tuesday - 8 May 2012
94 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the policy of the Gardaí on the use of strip searching; if any garda has ever been disciplined for misuse of strip searches; and the penalty they received as a result. [22677/12]
Amharc ar fhreagra95 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of strip searches that have taken place in Bellmullet Garda Station, County Mayo during each of the past 24 months; the average number of strip searches per Garda station during each of the past 24 months broken down by gender in tabular form. [22668/12]
Amharc ar fhreagraI propose to take Question Nos. 94 and 95 together.
The searching of persons in Garda custody is governed by the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 and 2006, Statutory Instrument 119/1987 which states as follows:
Regulation 17(1) A member conducting a search of a person in custody shall ensure, so far as practicable, that the person understands the reason for the search and that it is conducted with due respect for the person being searched.
(2) A person in custody shall not be searched by a person (other than a doctor) of the opposite sex.
(3) Where a search of a person involves removal of clothing, other than headgear or a coat, jacket, glove or similar article of clothing, no person of the opposite sex shall be present unless either that person is a doctor or the member in charge considers that the presence of that person is necessary by reason of the violent conduct of the person to be searched.
(4) A search of a person in custody involving removal of underclothing shall, where practicable, be carried out by a doctor.
(5) Where clothing or footwear of a person is retained, replacements of a reasonable standard shall be provided.
(6) A record shall be made of a search of a person in custody including the name of the person conducting the search and the names of those present.
(7) Particulars of any property taken from or handed over by a person in custody shall be recorded. The person shall be asked to sign the record of such property as being correct. If he refused to do so, the refusal shall be recorded at the time of refusal.
Under section 7(4) of the Criminal Justice Act 1984 members of the Garda Síochána are liable to disciplinary proceedings for failing to observe any provision of the Regulations. Information regarding the number of searches involving the removal of clothing that have taken place in Bellmullet Garda Station during each of the past 24 months and the average number of such searches per garda station conducted during each of the past 24 months, broken down by gender, is not readily available and would require a disproportionate amount of Garda time and resources to attempt to extrapolate this information.
Following an examination of records maintained in Discipline Section of An Garda Síochána, no member has being found in breach of discipline in respect of the misuse of searches involving the removal of clothing.
