Michael McDowell (Dublin South East, Progressive Democrats)

I wish to reiterate the apology I have made to the family of Gary Douch for the way in which he met his death in Mountjoy Prison. It was an inexcusable set of circumstances. When all the facts emerge into public knowledge, it will be seen that serious mistakes were made in the sequence of events that led to his death.

It was my intention to publish the report by Michael Mellett but the Attorney General indicated I could not do so. It is, nonetheless, my strong view that we must have a commission of inquiry for several reasons. Echoing what has been said, recommendations are needed. The way in which psychiatrically ill people are treated in the Prison Service must be investigated. What is happening is not satisfactory. There must be a psychiatric service for prisoners. Deputy Quinn argued that some psychiatrically ill people should not be in prison at all. Nonetheless, there are people sent to prison who do need psychiatric treatment. The present arrangements are not acceptable or functioning. It is very well to defend the present arrangements on the grounds of independence of one branch of the State from another. However, if a prisoner becomes psychiatrically ill or the illness takes on an acute form, there should be immediate, effective and high quality assistance for that person. The terms of reference of this commission will enable this whole area to be examined in great detail. No one should be treated in the way some of those who played a leading part in the sequence of events surrounding Gary Douch's death.

It is my intention to re-appoint Mr. Justice Dermot Kinlen as inspector of prisons and to commence the relevant sections. I thank him for the original report he gave on the particular cells involved in the Gary Douch case. I express my regret that the cells were still in operation at the time this death occurred. I regard this as a serious mistake.

I thank Ms Gráinne McMorrow SC for agreeing to act as a commissioner in this case. She has very extensive experience in the field of criminal law and mental health and this renders her peculiarly well qualified for the position. As the House is aware, the commission of investigation into the Dean Lyons case is an effective inquisitorial tool. I am satisfied the powers conferred on Ms McMorrow under this Act will allow her the necessary scope to conduct a thorough and comprehensive investigation into this matter. I reiterate that the death of Gary Douch was a terrible tragedy and it is incumbent upon us all to learn lessons from this event and I am determined this should be the case.

See this speech in context