Finian McGrath (Dublin North Central, Independent)
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Question 1117: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 5 was detained and charged; and the legal position regarding a person not giving their name to the Garda Síochána while in plain clothes. [1203/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that as the incident involving the person referred to is sub judice it would not be appropriate for me to comment at this time.

I am further informed by the Garda authorities that the legal position regarding a person not giving their name to the Garda Síochána is as follows: section 24(2) of the Criminal Justice (Public Order) Act 1994 states that where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision of the Act, the member of the Garda Síochána may: a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence; b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name and address which the member has reasonable grounds for believing is false or misleading. Section 24(3) states that any person who fails or refuses to give his name and address when demanded by virtue of section 24(2) or gives a name or address which is false or misleading shall be guilty of an offence.