Oireachtas Joint and Select Committees
Wednesday, 14 May 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Garda Oversight: Discussion
2:20 pm
Ms Maura Butler:
I was about to make the same point as Mr. McGillicuddy on the treatment in custody regulations of 1987 and the recent directive issued by the Director of Public Prosecutions. The position outlined is correct. If a person in custody requests the presence of a solicitor, this request must be met. I expect this issue will bother members because a fee structure has not yet been introduced for criminal lawyers who will be required to sit through a questioning procedure. In some cases, questioning is permitted for seven days although it is a shorter period for section 4 detentions. It is almost as if the law has not yet caught up with the outcome of the recent case and the direction from the Director of Public Prosecutions, Ms Loftus, that the Garda allow access.