Oireachtas Joint and Select Committees
Wednesday, 8 December 2021
Joint Oireachtas Committee on Justice, Defence and Equality
General Scheme of the Garda Síochána (Powers) Bill 2021
Ms Sarah Sheppard:
It is probably worth mentioning, as Mr. Collins stated, that it does set out for the first time in legislation that a legal representative can attend that interview, so the actual presence of a lawyer in custody is the main purpose of the head. In terms of head 42(6), which has been the main focus of discussion, this is subject to the drafting process and it might change during drafting. It is intended to reflect current practice within the Garda code of practice. It is basically to deal with situations where, for example, a solicitor is talking over the person so that they cannot be heard and cannot be recorded properly. As I said, it will be developed and that work continues.