Oireachtas Joint and Select Committees
Wednesday, 14 May 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Garda Oversight: Discussion
2:10 pm
Dr. Richard O'Flaherty:
One has a right to have a solicitor. If anyone present had the privilege of being arrested - I was once - one is given a form, which sets out the entitlements. One is not entitled to a doctor of one's choice, but one can request a doctor. I have more than 40 years' experience and the officer in charge of the basement cells where detainees are held makes the decision. That is dangerous.
The Deputy asked whether the procedure is set down in legislation. I do not think anybody has instructed the Garda Síochána on whether it has an entitlement to stop the detainee's doctor coming in to see him or her. Under the medical card contract, the doctor is obliged to go and see the medical card patient no matter where he or she is. If a medical card patient is detained, one should go and treat him or her and report.
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