Pat Carey (Dublin North West, Fianna Fail)
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Question 119: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if there is a provision in existing legislation whereby witnesses in an identity parade have to place their hand on the shoulder of the person they believe is the perpetrator of the offence; if so, his views on whether this may be off putting to many people to the extent that they may refuse to identify the offender; his further views on amending the legislation involved if such a provision exists; and if he will make a statement on the matter. [12182/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The conduct of identification parades is governed by administrative procedure rather than legislation. The current procedure used by An Garda Síochána was introduced following advice from the Law Officers. In order to ensure that there is no doubt as to the person the victim or witness has identified, it is necessary that a clear identification is made. This may be done in a number of ways, including pointing to or stating the position of a person on the line-up or stating a number assigned to them. The requirement on a witness to place his or her hand on the suspect is no longer part of the administrative practice.

The issue of identity parades was examined by the Expert Group appointed to consider changes in the criminal law recommended in the Garda SMI report, chaired by the late Eamon Leahy S.C., and more recently by the Balance in the Criminal Law Review Group, chaired by Dr. Gerard Hogan S.C.. I am reviewing the recommendations of these reports with a view to determining what improvements, if any, might be made to make the procedure less traumatic for victims.