Paul Murphy (Dublin South West, RISE)
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119. To ask the Tánaiste and Minister for Justice and Equality if she has met with the family or representatives of a person (details supplied) who died in Garda custody in 2005; if she will examine the setting up of an independent or public inquiry into the circumstances of their death; and if she will make a statement on the matter. [30234/21]

Paul Murphy (Dublin South West, RISE)
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Terence Wheelock left his home to buy a paintbrush 16 years ago yesterday. He never came home. He was picked up and arrested by gardaí and brought to Store Street Garda station. Terence entered a coma as a result of injuries he received there and he died in hospital three months later. The gardaí state that he hanged himself, but his family do not believe that and there are very good reasons to not believe it. The family continues to campaign for a public inquiry. The question then is whether the Minister will meet with the family and initiate a public inquiry.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I thank the Deputy for raising this issue. I extend my deepest sympathies to the Wheelock family for their terrible loss, and the pain Terence's tragic death has caused to them. I am very conscious that yesterday, 2 June, was the 16th anniversary of the events which led to Terence's death in September 2005 and I know that this will be a difficult week for the family. My Department has recently written to the Wheelock family in response to a request they made for a public inquiry to be established to examine the circumstances surrounding Terence's death.

The Deputy will be aware that these events were the subject of an inquiry by the Garda Síochána Ombudsman Commission, GSOC, and that the report of the inquiry was published by GSOC in March 2010. I also note that legal proceedings arising from these matters were settled in 2014. The Deputy will appreciate that GSOC and the courts are fully independent in the exercise of their functions and it is not open to me to intervene in or comment on any inquiry that has been carried out by GSOC or on the outcome of any court proceedings. As these matters have been fully considered by GSOC, and have also been the subject of legal proceedings, a further inquiry into Terence's tragic death is not being considered at this time and my Department has outlined this to the Wheelock family in the response to them.

Paul Murphy (Dublin South West, RISE)
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I met the Wheelock family yesterday. I pay tribute to their bravery and courage in continuing to campaign for justice. The members of the family are not satisfied with the response they have received. It is open to the Government to initiate a public inquiry. It is a power which rests with it. Regarding the GSOC inquiry, does the Minister not think it was problematic that it was led by a former Garda who had previously worked, not at the time of the death, at Store Street Garda station? Turning to the legal proceedings, those were civil legal proceedings where, as I understand it, the family sued for negligence and that has no relationship to whether a public inquiry should be carried out.

Let me list some of the issues which exist regarding the circumstances of Terence's death. His cell was completely renovated and repainted rather than being preserved after the incident. Photos show substantial evidence of bruising and cuts that were not on Terence's body when he was arrested and were not recorded as being there. His clothes were also heavily bloodstained, changes were made to his custody record and there were also significant problems with the timeframe between the supposed incident and an ambulance being called.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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What can I say, but that this is another very sad situation for a family? I note the Deputy mentioned the cells being upgraded, which they have been. The programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities, as the Deputy will be aware, in close co-operation with the Office of Public Works, OPW. I am informed by the Garda authorities that all cells have been risk assessed for ligatures, and that was one of the findings, as I understand it, and recommendations in respect of what should happen.

I am further advised that 91 cell refurbishment projects have been completed under the national cell refurbishment programme since 2011, including 41 projects from the period 2016 to 2021. Those renovations have been carried out for the safety of prisoners into the future.

Paul Murphy (Dublin South West, RISE)
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The point about the cell renovation was not that cells were renovated subsequently but that the cell in question was immediately painted and renovated before it could be investigated. That is suspicious rather than something good. The suggestion is that with his bare hands, Terence tunnelled into the walls of the cell, found an anchor point to tie the cord of his tracksuit, which he was left with, and hanged himself while he was on his knees. This is very problematic.

I have two basic requests from the family, the first of which is that the Minister for Justice would meet them to discuss these issues and their call for a public inquiry. The family can give the Minister multiple pieces of evidence which indicate all of the problems with the circumstances of Terence's death and with the GSOC inquiry which followed. The second request is for an independent public inquiry. That is the only way we can get to the bottom of this matter so that the family can feel they have gotten justice. Otherwise we will be raising this again and again and the Minister will force the family to continue to struggle and fight for justice for Terence.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Again, I want to express my sympathy to the family. As I said earlier, Terence's tragic death was the subject of a comprehensive GSOC inquiry which was published in 2010 and is available on the GSOC website. A settlement was also reached in the courts. As Minister for Justice I cannot comment upon or intervene in the outcome of any GSOC inquiry, nor can I comment upon the outcome of any court proceedings. The independence of GSOC and the Judiciary is a key part of our democracy and I cannot interfere in any way with the outcome of previous inquiries and legal proceedings regarding Terence's death. As such, while I am truly sorry for the pain and anguish suffered by the Wheelock family, it would not be appropriate for me to discuss these matters with them.