asked the Minister for Justice whether it is the practice, in the case of a person arrested and detained on suspicion under the provisions of the Offences Against the State Act, 1939, to refuse to allow such person to communicate with or interview his legal adviser during such detention; whether it is the practice in the case of such a person who, during his detention, is about to be or is being interrogated by a member of the Gárda Síochána, to refuse to allow such person to seek legal advice or to have his legal adviser present during such interrogation; and whether, if such practices obtain, he will direct that they be forthwith ended.
Ceisteanna—Questions. Oral Answers. - Detention Under Offences Against the State Act.
Mr. Boland
The provisions of Section 30 and Section 52 of the Offences Against the State Act, 1939, were expressly designed to assist the police in the investigation of conspiracies in cases in which the ordinary methods of investigation are inadequate. Under these provisions, a suspected person may be detained for not more than 48 hours and may be required to give certain information.
In the opinion of the Gárda authorities, it is important, in the working of these provisions, that accomplices of a detained person shall not be in a position, during the period of detention, to communicate with the detained person or to know what, if any, information the detained person has given or proposes to give. Such communications could not be prevented if the facilities suggested in the question were granted.
The practice has, therefore, been to exclude all visitors, including legal advisers, during the period of detention, which cannot exceed 48 hours.
I do not propose to issue a direction on the lines suggested in the last part of the question.