Written answers

Tuesday, 14 July 2015

Department of Justice and Equality

Commissions of Investigation

Photo of Clare DalyClare Daly (Dublin North, United Left)
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459. To ask the Minister for Justice and Equality the steps that were taken by her Department to ensure no perceived, potential, or actual conflicts of interest arose in the process of dealing with any matters arising from the findings of the Commission of Investigation into the death of a person (details supplied) following the submission of the report of the commission of investigation to her. [28766/15]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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460. To ask the Minister for Justice and Equality if any written correspondence or notes exist and are retained by her Department on the subject of any perceived, potential or actual conflicts of interest arising from the then Secretary General of her Department taking on the role of dealing with matters arising from the findings of the commission of investigation into the death of a person (details supplied), subsequent to its being submitted to her upon completion. [28767/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 459 and 460 together.

A Commission of Investigation was established under the Commission of Investigation Act 2004 to inquire into the circumstances surrounding the tragic death of Mr. Gary Douch in Mountjoy Prison on 1st August, 2006, and to make findings and recommendations. In accordance with the legislation, the Commission was entirely independent in how it carried out its investigation. As the Deputy is aware, the former Minister for Justice and Equality, Alan Shatter TD, and Minister of State, Kathleen Lynch TD, published the Report of the Commission on 1 May 2014 along with the reply by the Director General of the Irish Prison Service, Mr. Michael Donnellan.

The Commission’s Final Report contained several conclusions relating to the management, medical treatment and psychiatric care of Stephen Egan prior to and subsequent to the killing by him of Gary Douch. The Commission also recognised the many significant improvements which had been put in place since 2006, including reductions in prison overcrowding, investment in prisoner accommodation and improved health services for prisoners. Having considered the Report of the Commission of Investigation, the Government decided to refer the Report to the Interdepartmental Group examining the issue of people with mental illness coming into contact with the criminal justice system. The Interdepartmental Group was directed to consider the recommendations in a cohesive way and to report back with an implementation plan within three months. The Group includes representatives from my Department and the Department of Health as well as relevant services including the Health Service Executive, the National Forensic Mental Health Service, An Garda Síochána, the Office of the Director of Public Prosecutions and the Irish Prison Service.

The Group proceeded to examine the recommendations of the Commission of Investigation which relate to persons with mental illness and the criminal justice system and submitted an Implementation Plan for those recommendations to me and Minister of State Kathleen Lynch in September 2014. I am advised that the Irish Prison Service has reported that significant progress has been made and that a comprehensive action plan has been put in place to ensure that the recommendations relating to the Service are being implemented. Actions in relation to recommendations not yet complete are being progressed and I have requested that implementation of these actions be closely monitored. I am also advised that progress is also being made by the Department of Health on the Commission's recommendations, including plans to replace the existing Central Mental Hospital and to otherwise enhance forensic mental health services nationally. I can assure the Deputy that these issues will continue to be pursued in an objective and transparent manner, with a view to enhancing mental health services in this area. I understand that there is correspondence on file, advising the Commission of Investigation prior to the completion of its report, that the then Minister had decided not to have a personal involvement in dealing with matters arising in relation to it, because the legal firm with which he was connected had acted as legal advisor to the Prisons Officers Association. However, I am advised that there is no correspondence relating to the specific point raised by the Deputy.

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