Dermot Ahern (Louth, Fianna Fail)

With regard to the issue of solicitors, we considered what the Human Rights Commission sought but its wording does not allow for where a person refuses or does not want legal advice. This would effectively give the detained person a veto as to whether the inference provision could be used against him or her. We felt that we could not accede to that. The Human Rights Commission also recommended that the court must be satisfied that the circumstances at the time clearly called for an explanation by the accused and I consider this matter to be one that the courts would consider on its own in any event.