Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Question 8: To ask the Minister for Justice and Equality the number of persons who have died whilst in garda custody during 2010 and to date in 2011. [16785/11]

Alan Shatter (Dublin South, Fine Gael)
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A death in Garda custody is defined as a death which takes place in the period after a person comes into the custody and control of a member of the Garda Síochána and before they leave Garda custody and control. It includes, for example, not only a death at the time of arrest, or in a Garda station, but the death of a person in hospital for treatment while still in Garda custody.

It is important to note that such deaths are the subject of an inquest. In addition, under section 102(1) of the Garda Síochána Act 2005, the Garda Commissioner is required to refer to the Garda Síochána Ombudsman Commission any matter that appears 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, and the Ombudsman Commission must immediately conduct its own independent investigation into the matter.

There were three deaths in Garda custody in 2010 and these occurred in Tallaght, Templemore and Dundalk Garda stations respectively. There have been three deaths in Garda Custody to date in 2011, and these occurred in Ballyconnell, Tuam, and Store Street Garda Stations. All six of these deaths are currently being investigated by the Garda Síochána Ombudsman Commission.

Dara Calleary (Mayo, Fianna Fail)
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I regret any deaths but, given that three of the deaths occurred in 2010, why has there been a delay in getting the report from the Garda Síochána Ombudsman Commission?

Alan Shatter (Dublin South, Fine Gael)
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The commission conducts its inquiries independently and I do not interfere with it. It is important that the commission takes the time it requires to investigate the deaths. I do not want to say anything about the particular events; those of us who are aware of the deaths that have occurred know something of the background and I assume the Garda Síochána Ombudsman Commission will publish the outcome of its investigations at the earliest available opportunity.