Clare Daly (Dublin Fingal, Independent)
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69. To ask the Minister for Justice and Equality the rules or protocols regarding the search of children in Garda custody, including strip searches. [15721/17]

Clare Daly (Dublin Fingal, Independent)
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70. To ask the Minister for Justice and Equality her plans to introduce an appropriate adult system, whether through legislation or regulation, for children and other vulnerable persons in Garda custody. [15722/17]

Clare Daly (Dublin Fingal, Independent)
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71. To ask the Minister for Justice and Equality the rules or protocols regarding the treatment of children in Garda custody, including interview protocol, provision of information and so on. [15723/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 69 to 71, inclusive, together.

The Deputy will be aware that the Criminal Justice Act, 1984 (Treatment of Persons in  Custody in Garda Síochána Stations) Regulations 1987, as amended, provide a detailed statutory framework governing the treatment of persons in Garda custody. A key element of this framework is the requirement on members of An Garda Síochána, in carrying out their functions in relation to persons in custody, to act with due respect for the personal rights of those persons and their dignity as human persons, and to have regard for the special needs of any of them who may be under a physical or mental disability.

Part 6 of the Children Act 2001 is specifically concerned with the treatment of child suspects in Garda Síochána stations. It deals with issues including the detention of a child in a Garda station, notification of parents and guardians, contacting a solicitor and where necessary the HSE, and interviewing a child. The 1987 Regulations also contain provisions governing the treatment of children in Garda custody and these are consistent with the requirements of the 2001 Act.

A key protection for children is the requirement on the member in charge of the station where the child is in custody to inform an appropriate adult that the child is in custody and to request that adult to attend at the station. In circumstances where the member in charge is unable to communicate with a parent or guardian, or where the parent or guardian indicates that he or she cannot or will not attend at the station, the child is entitled to have an adult relative or other adult reasonably named by him or her informed that he or she is in custody and be requested to attend at the Garda station. Failing this, the member in charge must ensure that an appropriate adult, other than a member of An Garda Síochána, attends.

A child may not be questioned or requested to make a written statement unless he or she is in the presence of a parent, guardian or other appropriate adult.

There are also specific rules governing searches. For example, a person in custody cannot be searched by a person, other than a doctor, of the opposite sex. Where a search involves removal of clothing, other than outer garments, no person of the opposite sex can be present unless either that person is a doctor or the member in charge considers that the presence of that person is necessary by reason of the violent conduct of the person to be searched. Where a search involves the removal of underclothing, it will normally be carried out by a doctor.

Every person in custody is provided at the outset with a document explaining the custody processes and setting out the rights of the persons including in relation to:

- legal advice;

- medical treatment;

- telephone calls and personal visits;

- searches; provision of meals;

- the taking of photographs, fingerprints and other bodily samples.