Ivana Bacik (Independent)

I am conscious of the amendment to section 72A(7) but I was wondering whether the Minister had an answer on the point on consultation with a solicitor. I do not think that provision was changed and certainly I did not see any change to it between the initial version of the Bill and the Bill we have now. It seems that section 72A(2) remained the same and that all that is required is that a defendant is afforded a reasonable opportunity to consult a solicitor, but the defendant does not have to have legal advice prior to the adverse inferences being drawn. I am conscious that as with all adverse inference provisions these represent an encroachment on the right to remain silent, which is key to the presumption of innocence. Therefore, it is important there are sufficient safeguards in place.