Ciarán Lynch (Cork South Central, Labour)
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Question 152: To ask the Minister for Justice, Equality and Law Reform the action he has taken or plans to take arising from the report of the Hartnett inquiry into the death of a person (details supplied) who died in Garda custody in Clonmel in 2002; and if he will make a statement on the matter. [21088/08]

Dermot Ahern (Louth, Fianna Fail)
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The report of the Hartnett Inquiry constitutes a detailed examination of the circumstances surrounding the arrest and detention of Brian Rossiter. The Inquiry found that, while the arrest of Brian Rossiter was lawful, his detention was unlawful, notwithstanding that his father consented to it. The Inquiry found that there was a failure to observe properly certain procedural requirements of regulations governing custody in Garda stations, in particular a failure to record accurately the time at which Brian Rossiter was given information relating to his rights while in custody. The Inquiry was not satisfied, however, that Brian Rossiter was assaulted in the course of arrest or while he was in custody. On the question of the information given to ambulance and medical personnel, including the State Pathologist, the Inquiry found no evidence that there was an attempt made to mislead medical personnel wrongfully with incorrect information. The Inquiry did find, however, that there was a failure to investigate all the circumstances surrounding the death of Brian Rossiter.

The Inquiry made no recommendations on future safeguards and procedures. Nonetheless I am considering the findings of the report carefully to see what lessons need to be learned, and how best to deal with any similar circumstances in the future. In addition the disciplinary aspects of the matter are under consideration by the Garda Commissioner.