Aidan Farrelly (Kildare North, Social Democrats)
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1548. To ask the Tánaiste and Minister for Justice and Equality the regulations in respect of the strip searching of persons under the age of 18 years and persons aged above 18 years in Garda custody. [19147/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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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 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.

There are 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.