Mr. Tony McGillicuddy:

There are custody regulations from 1987 that govern the regulation of persons in custody. They have not been updated since and it probably would be worthwhile that either the inspectorate, the Garda Síochána or the Oireachtas, through the relevant Minister, would update them. The custody regulations provide that when a person is arrested and brought to the Garda station that they should receive a notice of their rights which would include, times of rest and also sets out what the detainee should do if he or she requires the services of a doctor, for example that he or she should communicate that he requires the services of a doctor to the member in charge. There is a person designated in each Garda station who is required to ensure the person is properly treated and in accordance with the regulations.

In terms of Dr. O'Flaherty's comments, just from experience of doing court cases in which these issues have arisen, certainly in Dublin, there is a list of doctors that the gardaí use and from my own experience, detained persons would almost never be allowed to get their own doctor, it would be a doctor from the list the gardaí use and have some kind of contract with. Issues might arise around that.

If a person is detained in a Garda station, the member in charge can make a decision if the detainee has been arrested for questioning under the Criminal Justice Act 1984, the Drug Trafficking Act, the Offences Against the State Act or the Criminal Justice Act 2007. They can make a decision for that person's detention to be suspended or for the person to be removed to a hospital and their detention is then suspended if that is the case. There is also a provision in the legislation - I cannot remember the Act - that if a doctor comes to a station that he or she can make a decision that a person's questioning would be suspended for a certain period if the doctor provides a certification. A doctor might say that person can take medication. They do not have to be brought to hospital, but the doctor can suspend his or her questioning for a particular period. There are provisions in the custody regulation, albeit they are there since 1987. There have been a great many changes in the law since.

In response to another matter that Dr. O'Flaherty raised, the Director of Public Prosecutions has issued a communication to An Garda Síochána in recent days about having solicitors present at interviews. I have not read that myself, but as I understand it, it is a communication to the effect that An Garda Síochána should accede to a request if the detainee asks for his or her solicitor to be in attendance with him during an interview, that the request should be granted. I think that communication issued towards the end of last week from the Director of Public Prosecutions. There has been recent case law on that issue. There is video recording of interviews, but one of the other points raised is that there is not much video recording of other parts of a Garda station.

Some years ago in the United States, video recording was introduced in police cars and police officers had video recorders fitted on their lapels. This practice has been of assistance as it allows interactions between the police and members of the public to be recorded and retained. I hope I have been of some assistance as regards the law on these matters.