Right to silence - McDowell in U-turn to win votes

POLITICAL somersaults are in vogue judging by the acrobatic policy leap performed by Justice Minister Michael McDowell on the thorny question of the right to silence of suspects.

The Tánaiste’s controversial proposal to further restrict the right to silence has caused shockwaves in legal circles because it is the same as one he rejected nearly four years ago.

Once again, the PD leader, who famously climbed up a ladder during an election campaign to attract media attention, stands accused of blatant electioneering.

Under certain circumstances, the right to silence is already restricted for a small number of serious offences, such as terrorism and drug trafficking. Indeed, a judge or jury can draw and inference from a defendant’s failure to mention, when either questioned or charged, any fact used later in his or her defence during a trial.

Four years ago, Mr McDowell rejected an expert group’s recommendation to restrict the right to silence in all serious offences. In those days, he believed that “rights of the individual” should be taken into account. Clearly, such rights are expendable when there is a whiff of an election in the air.