Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 156: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken since the passage of the Criminal Law (Insanity) Act 2006 to eliminate the practice whereby offenders suffering mental illnesses and disabilities are detained in prisons where appropriate services are not available to them thus placing the safety and welfare of themselves and other prisoners at grave and even fatal risk; and the steps he has taken in particular since a person (details supplied) was beaten to death in Mountjoy Prison on 31 July 2006. [30697/06]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 192: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken between the passage of the Criminal Law (Insanity) Act 2006 in April 2006 and the end of July 2006, when a person (details supplied) was beaten to death in Mountjoy Prison, to eliminate the practice whereby offenders suffering mental illnesses and disabilities are detained in prisons where appropriate services are not available to them thus placing the safety and welfare of themselves and other prisoners at grave and even fatal risk; and the steps he has taken since August 2006. [30696/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 156 and 192 together.

The Deputy will be aware that, subject to the Criminal Law (Insanity) Act, 2006, the decision whether or not to commit an accused person or a convicted person to prison is a matter for the Courts.

The Criminal Law (Insanity) Act, 2006, provides that where a question of fitness to be tried arises, the court may in certain circumstances refer a person to the Central Mental Hospital to be assessed. If the Court makes a finding that a person is not fit to be tried that person cannot be committed to a prison. If a person is found not guilty by reason of insanity that person cannot be committed to a prison.

The Prison Service must accept all persons committed into their custody on foot of legal orders of the Courts. A person committed to prison may have or develop a mental illness. The Criminal Law (Insanity) Act, 2006 provides that where on the basis of medical assessment, a prisoner is considered to require specialist treatment that cannot be provided in prison that prisoner may be transferred to a designated centre for treatment. The Central Mental Hospital is currently the only such designated centre. The question of resources for the CMH is a matter for the Health Service Executive and my Department is currently working closely with both the Department of Health and Children and the Health Service Executive with a view to ensuring that the necessary mental health facilities are available for prisoners.

Following the events at Mountjoy Prison on the 1st of August last, I appointed Mr Michael Mellet, a former Deputy Secretary of my Department and member of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, to inquire into the facts surrounding this tragedy and to make recommendations with a view to seeking to ensure that such an incident does not occur again.