Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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275. To ask the Minister for Justice and Equality if the Government intends to opt in to the new EU directive on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings. [43579/13]

Alan Shatter (Dublin South, Fine Gael)
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The Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty was formally adopted on 7 October 2013 by the Council of the European Union.

Ireland did not exercise its option under Article 3 of Protocol 21 to the Lisbon Treaty to participate in the adoption of the measure when the proposal was presented by the European Commission in 2011. Under Article 4 of the Protocol, Ireland may at any time following the adoption of a measure by the Council notify the Council and the European Commission that it wishes to accept that measure.

Such acceptance is subject to the Commission being satisfied that the conditions necessary for participation in the measure have been fulfilled. The question of pursuing this course of action remains open.