Andrew Doyle (Wicklow, Fine Gael)
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520. To ask the Minister for Justice and Equality the measures contained in the agreement on the right of access to a lawyer in criminal proceedings directive, achieved during the Irish EU Presidency; the implications of this for Ireland; the way it will affect the legal system here; and if he will make a statement on the matter. [36226/13]

Alan Shatter (Dublin South, Fine Gael)
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Under the Irish Presidency, the EU Council and the European Parliament, as co-legislators, reached agreement on the Directive on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings, and on the rights to have a third party informed upon deprivation of liberty and to communicate, while deprived of liberty, with third persons and consular authorities. The Directive is expected to be formally adopted in the early autumn, once the necessary procedural steps have been completed by both institutions.

As its title suggests, the Directive provides a range of rights for suspects and accused persons. These include: the right of access to a lawyer during police questioning and throughout criminal proceedings; the right of an arrested person to have a someone, such as a family member, informed of that arrest and to communicate with that person; and the right of an arrested person to contact their country's consulate. Ireland is not bound by the Directive as Ireland did not exercise the option under Protocol 21 to the EU Treaties to opt in to the measure as initiated. Under that Protocol, Ireland can, however, opt in to the Directive at any time after it has been adopted. The choice of opting in to the Directive following its adoption remains open.