Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

We must word some type of procedural amendment so that in this process, the victim knows they can have a right to a replacement when that occurs. Whatever way that is worded in an amendment for Report Stage, it should happen because we will be leaving a procedural vacuum. Of course, the Garda probably would, might and should to do this but if it is not in the law, the force does not have an obligation to do so. Is the Minister of State aware of other legislation whereby there is a legal imposition on the Garda to offer a replacement or to give the victim a choice in that procedural context. In respect of codifying the section, as has been agreed, if the Garda believes that a person should not have that legal representative with him or her, not imposing an obligation on the Garda to say that the victim can have that replacement could have unintended consequences for the victim if he or she was not aware of the legal position. Regardless of how it is done, creating that procedural choice by means of incorporating the existing legislative mechanisms would be a welcome development.