Garda Inspectorate seeks better safeguarding of people in custody

An overhaul of the treatment of people detained in Garda custody has been recommended by the Garda Inspectorate after its rights-based inspection exposed several deficiencies.

The detailed report, published by Minister for Justice Helen McEntee on Thursday, sets out 41 recommendations aimed at improving the custody services for, and vindicating the rights of, those detained, many of whom have poor mental health.

Most of the recommendations require action by the Garda force, including developing an overarching custody strategy and that gardaí and their supervising officers receive better training and develop better record keeping in relation to the treatment of persons in custody, including vulnerable persons and children.

The report identified areas of good practice and found the fundamental rights of people in custody to legal advice, medical attention and to have a third party made aware of their being in custody were well understood. It found deficiencies in relation to the level of awareness among gardaí concerning rights of persons in custody, including regarding the use of force and of powers to search detained persons.

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The inspectors were particularly concerned about the lack of specific safeguards for searching children and vulnerable adults.

The technique for a search involving the removal of all clothing was not in line with the position of the Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment, it said.

CCTV was not regularly reviewed to ensure safeguarding of rights, it noted.

The inspectors were unable to determine if 19 per cent of those detained who requested to consult a solicitor were able to do so. Few Garda stations had facilities to guarantee the privacy of such consultations, they noted.

Other concerns included the waiting time for a doctor exceeded one hour in 45 per cent of cases and only 19 per cent of those identified as foreign nationals were informed of their right to communicate with their consul.

Cells

The inspectors found some cells in use did not meet international safety standards while others were purpose-built custody suites with all the necessary components of a modern safe and secure facility. Cell capacity exceeded peak occupancy rates in four of the five Garda divisions visited, the report noted.

As well as the recommendations directed at the Garda force, the report recommends that the Department of Justice consider legislating in several areas, including for a legal definition of vulnerability and for all aspects of the right to legal advice to be put on a statutory footing.

Entitled Delivering Custody Services – A Rights-Based Review of the Treatment, Safety and Wellbeing of Persons in Custody in Garda Síochána Stations, the report was compiled following visits, including unannounced visits, by the inspectorate to Garda stations across the State between late July 2018 and June 1st, 2019.

Garda Pulse logs indicated more than 82,000 people were detained during that time and the inspectors spoke to some of those as well as to gardaí.

Garda custody records showed 48 per cent of those in custody in that period had consumed or had a dependency on alcohol, drugs or both; 25 per cent had poor mental health or had engaged in self-harm; and 14 per cent had drug or alcohol issues as well as poor mental health.

The report has been referred to the Garda Commissioner who will respond to its recommendations after which an implementation plan will be developed.

Chief Inspector Marc Tolan said the report sets out “a pathway” for the concerns identified to be addressed, including the introduction of an overarching custody strategy.

Ms McEntee said the report was an “important contribution to ensuring that people in custody are treated with the respect and dignity to which they are entitled, while highlighting where improvements can be made for the benefit of people in custody and for An Garda Síochána”.

Most of the recommendations for her department would be fully considered as part of the ongoing drafting of the Garda Síochána (Powers) Bill which would set out and enhance the rights of persons in Garda custody including the right to rest, the right to medical attention and the right of access to a lawyer, she said. It would provide for special measures for people in custody who were children and who may have impaired capacity, she added.

Substantial investment had already been provided for a range of capital works including enhancing Garda custody management facilities and the inspectorate’s recommendations for further improvements would be considered, she said.