Mr. Bob Collins:

We are certainly not happy with the provision in regard to people under the age of 18. Even somebody who is close to being 18 may not have a full appreciation of the circumstances in which they find themselves if they opt out of the right to legal representation. There will be times when people will want to get this over with in as short a time as possible within the Garda station or within custody, and they see waiving the right to legal representation as being a way to achieve that without appreciating the extent to which they are setting aside serious and significant protections which are there for their benefit. That is why we think that provision should not be there.

The authority is very reluctant to see any circumstance in which there would be the questioning of somebody without legal advice being available. It is possible to construct a set of circumstances in which it would be appropriate so to do but it should be surrounded with the greatest of caution and apprehension because it sets aside one of the benefits I identified in regard to this measure, given the fact it puts into statute the entitlement to have legal representation while being questioned. To set it aside is something that should be done with very considerable reluctance.