Brian Hayes (Dublin South West, Fine Gael)
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Question 1167: To ask the Minister for Justice and Law Reform the number of persons who have died in Garda custody since 1990, and the relevant figure in each year since then; the names of the Garda stations in which persons died; the outcome in each case in respect of the inquest that followed the death and if or not an inquest was held; and if he will make a statement on the matter. [33631/10]

Dermot Ahern (Louth, Fianna Fail)
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Death in Garda Custody refers to a death which takes place after a person comes into the custody and control of a Garda and before leaving the custody and control of a Garda. Thus it includes, for example, a death at any time from the time of arrest, including the handing of a person into the care of a hospital for treatment, or prison while under the control of a Garda. The Deputy should be aware that all deaths in State care are the subject of an inquest.

I have requested the information in the format sought by the Deputy from the Garda Authorities. Unfortunately, it was not possible to compile all of the details sought in the time available and I will be in contact with the Deputy when this information is to hand.

What I can say at the moment is that prior to the establishment of the Garda Síochána Ombudsman Commission, investigations into deaths occurring in Garda custody were carried out by a Superintendent from outside the Garda Division, appointed by the Divisional Officer. However, under Section 102 of the Garda Síochána Act 2005, the Garda Commissioner is now required to refer to the Garda Siochana Ombudsman Commission (GSOC) any matter that appears to indicate that the conduct of a member of the Garda Síochána may have resulted in the death or serious harm to a person.

Since GSOC has become operational in May 2007, six deaths in Garda Stations have been investigated by GSOC, details of which are in the following table: