Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 396: To ask the Minister for Justice and Equality if he will amend the law to include appropriate safeguards in which inferences are drawn from silence. [35571/11]

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware, there are already a number of safeguards covering the exercise by the accused of his or her right to silence, in the limited number of circumstances where an inference may be drawn from such silence. In particular, a person must be cautioned in ordinary language as to the possible consequences of his or her failure to answer questions from which inferences can be drawn and a person may not be convicted solely or mainly on the basis of such inferences.

My Department is currently finalising regulations to give effect to sections 9 to 12 of the Criminal Justice Act 2011, which was signed into law on 2 August 2011. The existing safeguards will be further enhanced by providing that an inference may not be drawn unless the accused was informed of his or her right to consult a solicitor and, except where he or she waived that right, was afforded an opportunity to so do, before the failure to answer a question occurred. Previously the statutory requirement was that the accused had been afforded a "reasonable opportunity" to consult a solicitor. I am satisfied that with these amendments which reflect Garda practice, all the necessary safeguards are in place to ensure our compliance with the relevant provisions of the European Convention on Human Rights.