Statement of the Garda Commissioner on the Summary of the Report of the Statutory Inquiry into the circumstances surrounding the death of Brian Rossiter.
The Garda Commissioner, Mr. Fachtna Murphy, notes that the Minister for Justice, Equality and Law Reform has today published the Summary of the Report of the Statutory Inquiry into the circumstances surrounding the death of Brian Rossiter.
The Commissioner again extends his sympathies to the Rossiter family on the tragic death of Brian and acknowledges the distress experienced by them at their loss.
The Commissioner accepts the findings of the report. However, in responding he is mindful of the constraints placed on him by the forthcoming inquest and by the ongoing related civil proceedings in the High Court.
The Garda Commissioner tasked an Assistant Commissioner to examine the full report and to assess in accordance with legal advice whether any disciplinary or criminal issues arise. In that context the Assistant Commissioner is consulting with the relevant Law Officers and the Commissioner awaits a report from him.
The powers of arrest and detention which are vested in An Garda Síochána carry great responsibility and Garda procedures in these areas are therefore subject to ongoing review and revision by Garda management.
The rights and protection of persons in custody are governed by the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, as amended by further regulations in 2006. Guidance notes on the Regulations for members of An Garda Síochána have been extensively updated to incorporate recent legislative changes and other legal developments and to reflect best practice.
The Commissioner’s Foreword to the new guidance notes stresses that it is imperative that members of An Garda Síochána in complying with legal requirements must promote respect for and observance of human rights and fundamental freedoms.
Arrangements are being made to circulate the new guidance notes to members through the PULSE system.
The Commissioner has also obtained the approval of the Minister to issue a revised and updated "Information for Persons in Custody" leaflet. This leaflet is given to each detained person and clearly outlines their rights and entitlements as well as the procedures which will be followed by gardaí throughout the period of detention.
In addition, work has recently been completed on a revised Garda Síochána Custody Record. The record has been re-drafted in its entirety and now incorporates a new section on children as well as capturing more comprehensive detail on issues such as the condition of the detained person on arrival. These extensions to the custody record are intended to enhance the rights and treatment of persons detained.
The operation of all these measures will be subject to ongoing monitoring and review as appropriate and are part of An Garda Síochána’s overall commitment to upholding and protecting the rights of all detained persons.
Last February, the Garda Commissioner established a working group to examine all aspects of Garda training and continuous development with the objective of ensuring that all new entrants to the organisation are receiving high quality training in line with best international standards and that, as they progress through their careers, they can access development and continuous learning opportunities.
He is committed to a continuous renewal and reinvigoration of Garda training and development programmes to ensure that policing challenges are met effectively and that gardaí have the skills and resources necessary to provide a service which respects the rights and requirements of both the community and the individual.
Garda Press Office
11/4/08
Ref: 481/08
