Tim O'Malley (Limerick East, Progressive Democrats)

The Minister is not opposed to the principle behind this amendment. It is, however, unnecessary to amend the Bill to achieve its objective. As of now, 96% of interviews are electronically recorded. I am currently studying the third report of the steering committee on audio-video recording of Garda questioning of detained persons, presented to me last September. The committee is satisfied with the operation of the electronic recording of interviews to date and it is pleased to note the high percentage of interviews that are now recorded under the appropriate regulations.

Under the existing procedures, as set out in the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997, a member of the Garda Síochána who is being interviewed about any alleged offence, or suspected illegal activity, has the right, like anyone else, to have the process recorded. It follows that in the circumstances covered by the Bill, the same situation should apply.

It is also relevant that in accordance with the provisions of section 100 of the Bill on the drawing up of protocols between the ombudsman commission and the Garda Commissioner, interviews conducted by the designated officers of the ombudsman commission will be conducted by them in interview rooms in existing Garda stations.