Jack Wall (Kildare South, Labour)
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Question 182: To ask the Minister for Justice, Equality and Law Reform if he has received the report of a person (details supplied); the main findings of the report; if he has not received the report, when he expects to do so; the reason for the delay in completing the report; and if he will make a statement on the matter. [22500/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I wish to advise the House that the report in question relates to an inquiry by Mr Michael Mellett into the circumstances surrounding the tragic death of Mr Gary Douch while in custody in Mountjoy Prison. The report was submitted to my predecessor in March, 2007 and was carried out in a totally independent manner.

As with the case of all deaths in custody, the Garda Síochána were called to Mountjoy Prison and initiated a criminal investigation into the death of Gary Douch. A file was sent to the Director of Public Prosecutions and as a result an individual has been charged with causing the death of Gary Douch. The progressing of those criminal proceedings is a matter for the Director of Public Prosecutions and the judicial arm of the State. The Minister for Justice, Equality and Law Reform has no role in those proceedings but does have a duty not to do anything or reveal any information that might prejudice those criminal proceedings. Although it was the original intention to publish the report of Mr Mellett, the strong advice from the Attorney General was to the effect that the report should not be published.

In general terms I can say that Mr Mellett in his report identified a number of systems failures within the prisons system which may have contributed to the death of Mr Douch. The findings of the Report have serious implications for the future management of our prisons and the Government took the view that a full statutory Commission of Investigation was required to address the matter.

Following the passing of resolutions in both Houses of the Oireachtas and the making of a Government Order, my predecessor appointed Ms Gráinne McMorrow, Senior Counsel, as the sole member of a Commission of Investigation into the death of Mr Douch. The report of a commission of investigation must, pursuant to section 38 of the Commission of Investigations Act 2004, be published as soon as possible after it has been received unless a court directs otherwise.