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

Question 179: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of the investigation into the death of a person (details supplied); and if he will make a statement on the matter. [42055/06]

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

A Detective Superintendent from outside the relevant Garda Division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding the person in question's arrest, detention and removal to hospital. The Garda authorities submitted a file to the Director of Public Prosecutions on the matter and furnished a copy to me also. The Director issued instructions that no prosecution should ensue.

An inquest into this tragic death is ongoing at present. An inquest is an independent inquiry to ascertain the cause of death and the Coroner has statutory duties and powers, including the power to call witnesses. The Coroner cannot consider questions of civil or criminal liability. When the inquest has been completed and a verdict returned I will consider the matter further.

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

Question 180: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will commence section 16(1)(b) of the Criminal Evidence Act 1992; and if so, when he will do so. [42056/06]

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

Section 16 of the Criminal Evidence Act, 1992, as amended, makes provision for the video recording of any evidence given, in relation to a sexual offence or an act involving violence, by a person under 17 years of age through a live television link in proceedings relating to indictable offences. The relevant subsection — (1)(a) — was commenced in 1993. It will be noted that this subsection covers persons under 14 years of age also.

Section 16 also makes provision — in subsection (1)(b) — for the video recording of a statement made by a person under 14 years of age (in respect of whom a sexual offence or an offence involving violence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross examination.

A committee established by my predecessor as Minister for Justice, Equality and Law Reform has drawn up Good Practice Guidelines, covering a number of areas. In addition, the committee made a number of recommendations, including recommendations that:

there should be sufficient suitable facilities available for video recording evidential interviews;

there should be a joint national programme in place for training interviewers, which should be regularly reviewed. In tandem with this, there will be a need for a national training programme for all professionals who are likely to have reference to the Guidelines.

I wish to assure the Deputy that I attach the highest importance to the setting up of these facilities. Officials from my Department are actively working on setting up these facilities in conjunction with An Garda Síochána, the Health Service Executive and the Office of Public Works. My Department plans to have a network of suitable facilities available to An Garda Síochána to video record evidential interviews established at a number of locations throughout the country early in 2007. Officials from my Department accompanied by members of An Garda Síochána have visited a similar facility in this jurisdiction which is used for therapeutic purposes and also a facility in Northern Ireland, and received briefing on training and advice on other relevant service issues such as equipment and fitting out. A specification for the facilities has now been drawn up, on the basis of which my Department is identifying and evaluating accommodation available with a view to securing suitable accommodation. Work will then commence on fitting out and equipping the facilities.

The Garda Síochána is arranging for the training of a number of selected officers to enable them to conduct such interviews in accordance with good practice. It is expected that this training will be completed in January.

I intend to commence subsection (1)(b) as a matter of priority once the necessary arrangements are in place.