Seán Haughey
Question:666 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the changes made to the right to silence since 1997; if he has further proposals in this regard; and if he will make a statement on the matter. [15458/03]
Written Answers. - Offences Against the State Act.
Statutory amendments relating to the right to silence since 1997 are contained in the Offences Against the State (Amendment) Act 1998. Section 2 of that Act provides that inferences can be drawn where, in the prosecution of an accused in respect of membership of an unlawful organisation, evidence is given that the accused on being questioned in relation to the offence failed to answer any question material to the investigation. Section 5 of the Act provides that inferences can be drawn from an accused's failure to mention any fact subsequently relied on in his or her defence, when being questioned or charged in relation to an offence contemplated by offences against the State legislation.
I do not have current proposals to introduce any further legislative change in this regard. The Deputy may wish to note that consideration of the recommendations of the committee to review the Offences Against the State Acts 1939 to 1998, including those which deal with the right to silence, is ongoing. Any legislative proposals arising from this process will be brought to the Government in the normal way.