Michael McDowell (Dublin South East, Progressive Democrats)

As indicated on Committee Stage, I am not opposed to the principle behind the amendment. However, there is no need to amend the Bill to achieve that objective. All of the safeguards applicable to members of the public in criminal investigations being carried out by members of the Garda Síochána will apply to members of the force in similar type investigations to be carried out by designated officers of the ombudsman commission. Gardaí will have the same rights, including the right to silence, as everyone else subject to criminal investigation. Access to electronic recording of interviews will be no different than for any other member of the public.

The Minister of State at the Department of Health and Children, Deputy Tim O'Malley, made it clear on Committee Stage that under existing procedures set out in the Criminal Justice Act 1984 and electronic recording of interviews regulations made in 1997, a member of the Garda Síochána who is being interviewed about any alleged offence or suspected illegal activity has the right to have the process recorded. It follows that in the circumstances covered by the Bill, the same situation should apply.