Written answers
Tuesday, 3 October 2006
Department of Justice, Equality and Law Reform
Prison Death Inquiry
9:00 pm
Joan Burton (Dublin West, Labour)
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Question 168: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has received the report of Mr. Michael Mellet into the death of a person (details supplied) on 1 August 2006; the main findings of the report; and if he will make a statement on the matter. [30609/06]
Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy is no doubt aware, I have appointed Mr Michael Mellett to carry out an independent inquiry into the circumstances surrounding the tragic death of Mr Gary Douch while in custody in Mountjoy Prison and in particular:
to establish what action was taken by the Irish Prison Service, management and staff to safeguard Mr Douch;
to clarify whether Mr Douch had expressed special concerns about his safety;
to establish what procedures were followed and their adequacy;
to establish the procedures used to allocate prisoners to the cell in which Mr Douch died;
to establish the level of monitoring during the night of 31 July/1 August 2006;
and to make any observations and recommendations he sees fit. I intend that the report by Mr Mellett will be published in due course, with the exception of any parts which could be deemed prejudicial to potential criminal proceedings.
I have not received Mr Mellett's report as yet. Mr Mellett has, however, already made a valuable interim recommendation that where a prisoner seeks special protection alleging a threat from another prisoner, and the prison authorities accept that there may be some substance to the allegation, the prisoner should be removed to a single occupancy cell or room for at least 24 hours, while the case is assessed. This recommendation has been accepted by me and was implemented immediately by the prison authorities.
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