Dan Neville (Limerick West, Fine Gael)
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Question 75: To ask the Minister for Justice, Equality and Law Reform his views on the number of prisoners who have died in custody in the past two years; and if he will make a statement on the matter. [14397/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Prison Service that there have been six deaths in custody in 2007, eleven deaths in 2008 and three deaths to date in 2009.

All deaths in custody are the subject of a Garda investigation and an inquest held in a Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Court. Of the twenty deaths in custody since 2007, the cause of death has been determined formally in five cases. Two deaths were attributed to natural causes, two were classified as deaths by misadventure and an open verdict was recorded in one case.

The circumstances of each death in custody are also examined by a multi-disciplinary group in each institution. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the Irish Prison Service Steering Group for the Prevention of Self-Harm and Death in the Prison Population provides a forum for collating the reports of the local groups and disseminating significant findings throughout the prison system. There are strategies and plans in place in all institutions for the prevention of suicides.

As regards deaths in Garda custody, I am informed that 6 people have died in custody since 2007.

Section 102 of the Garda Siochana Act 2005 requires the Garda Commissioner to refer to the Garda Siochana Ombudsman Commission (GSOC) any matter that appears to indicate that the conduct of a member of the Garda Siochana may have resulted in the death or serious harm to a person.

Since GSOC has become operational in May 2007 there have been three deaths in custody. A file was sent to the DPP in one case – returned with no direction for prosecution - and two other cases are still under investigation.

The Treatment of Offenders in Custody Regulations (1987 and 2006) prescribe the actions of the Garda Siochana when dealing with persons in their custody. Members are fully aware of their responsibilities to those in their custody and of the need for strict compliance with the regulations. In this regard there have been a number of developments in recent times:

• guidance notes on the Regulations for members of An Garda Síochána had been extensively updated to incorporate legislative changes and other legal developments and to reflect best practice. These notes have been circulated to all members.

• In his foreword to the new guidance notes, the Garda Commissioner has stressed that it is imperative that members of An Garda Síochána in complying with legal requirements promote respect for and observance of human rights and fundamental freedoms.

• A revised Garda Síochána Custody Record had been introduced incorporating a new section on children and capturing more comprehensive details on the condition of the detained person on arrival.

• The operation of all these measures is subject to ongoing monitoring and review as appropriate and is part of An Garda Síochána's overall commitment to upholding and protecting the rights of all detained persons.

Finally, on a related point, arising from the Dean Lyons case an Expert Group to examine the adequacy of Garda protocols and procedures relating to the interviewing of vulnerable persons was established. This group is expected to report in the near future.