US treaty - McDowell must resolve Irish concerns

IN his emphatic denial of yesterday's front-page report on the crime-terror treaty between Ireland and the US, Justice Minister Michael McDowell asserted that no American investigator could ask questions directly of an Irish citizen.

That this has now been made clear by the minister is to be welcomed. However, questions remain to be answered because of the lack of clarity in Article 8 (3) of the agreement, which states that US investigators, whom the minister emphasises would be from the FBI and not the CIA, shall be allowed "to ask questions directly of the person whose testimony of evidence is being taken or indirectly through a legal representative qualified to appear before the courts".

It is perfectly legitimate to interpret this clause as meaning investigators would be allowed to ask questions during the pre-court stage when testimony was being taken. On the face of it, that possible scenario would conflict with the current situation whereby only the gardaí are entitled to question suspects.