Question:
2 Dr. Upton asked the Minister for Justice, Equality and Law Reform if he will publish the Leahy report immediately; and if he will make a statement on the matter. [25318/98]
Ceisteanna—Questions. Priority Questions. - Criminal Law.
Earlier this year I appointed an expert group under the distinguished chairmanship of Mr. Eamon Leahy, SC, to consider changes in the criminal law recommended in the report of the steering group on the efficiency and effectiveness of the Garda Síochána with particular reference to the constitutional and European Convention on Human Rights implications and having regard to the critical balance referred to in the report between the rights of the individual and that of the common good. The group's report was submitted to me last July. I take this opportunity to pay tribute to all members of the group for the excellent work which they have done.
Earlier this week I submitted the text of the report to Government asking it to note the report and indicating my intention to submit legislative proposals on the matters contained in the report as soon as possible after I have completed consideration of the report. In advance of that process I cannot give the House details of the precise approach which the Government will take to these matters.
Yesterday I arranged for a copy of the report to be laid before the Houses of the Oireachtas together with a summary, prepared in my Department, of the recommendations which it contains. I also arranged to provide copies of this documentation to the Opposition spokespersons on justice as well as other Deputies who have tabled questions about this matter in recent days. The report was also circulated to the media and copies are available from my Department. It is also being placed on my Department's website.
Dr. Upton
I am glad this question acted as a catalyst and has resulted in publication of the report which proposes that the right to silence be modulated. Will the Minister give an assurance that this would not be done without the safeguards suggested, that video recording equipment be installed in every Garda station where persons are interrogated and that there be an entitlement to have a solicitor present during interrogation where video recording equipment is not available?
On the comment that the question acted as a catalyst, Jack could not come from the box if he were not first placed inside.
(Mayo): We are happy to assist. It is a happy coincidence.
We are plugging the leaks.
The report of the working group does not recommend that the right to silence be abolished. The right to silence dates from an age when an individual could not speak in his or her own defence. That is a far cry from the position today where an individual is entitled not only to make his or her own case but also to criminal legal aid if he or she cannot afford a lawyer. The working group recommended that an inference be drawn by the court where it considers it reasonable to do so from the refusal of an individual to answer questions which he or she could reasonably have been expected to answer while in detention. This is broadly in line with current practice under the criminal justice drug trafficking Act and the more recent Offences Against the State Act. An individual being questioned has a legal right to consult a solicitor. The questions of whether an individual should have the right to have a solicitor present while being questioned and whether video recording equipment should be installed will be considered by the Government in tandem with the legislative proposals which I hope to present in due course.