Ms Caitriona Mason:

Currently, in the general scheme, the Garda has the discretionary power to record the warning. There have been a number of comments on this matter and we continue to work with the Office of the Attorney General as to whether that should be "may record" or "shall record". We are working through that aspect with the Office of the Attorney General as we speak. The rationale behind the warning is that this is a delicate balance of constitutional rights.