Call for legal access during garda interviews

PEOPLE held in garda custody for extended periods should be allowed access to a lawyer when they are being questioned, the Irish Council of Civil Liberties (ICCL) said yesterday.

The group was repeating its concerns about key provisions of the Criminal Justice Bill, 2003, which will be presented to the Dáil tomorrow by Justice Minister Michael McDowell.

Mr McDowell has signalled his intention to use the legislation to bolster gardaí’s powers of criminal investigation, and has suggested extending the period of detention from 12 hours to 24 in some cases.

“Having a lawyer present gives a lot more credibility to the interview process; it’s a safeguard against the abuse of power and allows for a better presentation of evidence in court,” Ashling Reidy, director of the ICCL said.

People in garda custody may consult with a lawyer, but must face the interview alone. Although video recording of interviews is becoming more widespread, it is not mandatory.

“A person is entitled to be fully aware of their rights during questioning and we have seen in a number of collapsed cases the problems that arise when concessions are not given voluntarily,” Ms Reidy added.

The bill is expected to make a number of significant and potentially controversial changes to the criminal justice system. Most notably, it will establish a national criminal DNA database that could indefinitely retain, not only the DNA profiles of convicted people, but of those suspected of committing serious crime. It may also recommend the retention of DNA profiles of non-suspects, once the individual gives their consent.

Such profiles could be matched with any evidence, such as blood or semen, found at a crime scene.

The legislation will allow gardaí use force when necessary to obtain “non-intimate” samples such as saliva or hair where consent is not given. Garda superintendents may also be given powers to issue search warrants in exceptional circumstances. The bill also proposes to deal with organised criminal activity by creates a specific offence for those who “knowingly participate” in gangland activities.

A number of organisations, including the ICCL and the Human Rights Commission, have flagged their concerns about aspects of the proposed bill to the Department of Justice.

The ICCL indicated it would make further submissions to the Government and opposition parties once the bill was published.

Criminal Justice Bill 2003

Create a DNA database which can retain DNA profiles indefinitely.

Enhanced garda powers to include: the use of force to obtain samples; authority to issue search warrants; extended periods of detention from 12-24 hours in certain cases.

Provisions allowing the prosecution appeal against acquittals on a point of law.

Categorise involvement in gang or organised crime as a specific criminal offence.