Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 207: To ask the Minister for Justice, Equality and Law Reform the measures he has or intends to put in place to prevent the death of a person in Garda custody; and if he will make a statement on the matter. [25290/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The treatment of persons in custody in Garda stations is governed by the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987. The objective of the Regulations is to ensure that members of the Garda Síochána act with due respect for the personal rights of persons in custody and their dignity as human persons. The Regulations include provision for the assignment of a member of the Garda Síochána in each Garda station to be responsible for ensuring that the treatment of persons in custody is in accordance with the Regulations.

The responsibilities conferred by the Regulations on members include provisions which are designed to ensure the welfare of persons in custody who are drunk or under the influence of drugs (regulation 19), to protect persons from ill treatment (regulation 20) and to ensure that persons receive medical treatment from a doctor where necessary (regulation 21). Failure to comply with the Regulations on the part of a member of the Garda Síochána constitutes a breach of discipline.

On a prospective note, I will shortly publish new draft disciplinary regulations which will be less complex than those currently in place and will be swift and fair with a simple appeal process. Furthermore, the Ombudsman Commission will provide for a more robust and effective independent system for the investigation of cases involving death or serious harm. Under the Garda Siochana Act 2005 the Garda Commissioner is obliged to refer to the Ombudsman Commission any matter that appears to him to indicate that the conduct of a member of the Garda Siochana may have resulted in the death of, or serious harm to, a person. Even in the absence of a referral, the Ombudsman Commission itself is obliged, where it is of the view that such conduct may have occurred, to ensure an investigation.

As the Deputy will be aware, the members of the Garda Ombudsman Commission have been appointed and are expected to commence operations early in 2007.