Seán Haughey
Ceist:138 Mr. Haughey asked the Minister for Justice if she intends to introduce legislation to reform the existing arrangements for identification parades; and if she will make a statement on the matter. [18486/95]
Written Answers. - Identification Parades.
The format of identification parades, and the manner in which they are held are procedural matters for the Garda authorities, and are not governed by any positive rule of law or practice of general application.
Comprehensive guidelines on the procedures to be followed by all gardaí are in place and have been circulated to each member of the Force. It is important to emphasise that there is an obligation to explain to the suspect that he or she is not required to take part in the process. No inference may be drawn from a failure to take part.
In regard to amending the existing procedures, I should state that there are very important considerations to be borne in mind when approaching this issue. First, there is an obvious need to ensure that the identification process is above suspicion and able to meet any legal challenges which may be raised in the subsequent court hearing. Second, while at all times taking into account what may be a traumatic experience for the victim, the rights of the suspect cannot be overlooked and every possible effort must be made to avoid erroneous identification.
I do not have plans to introduce any changes in this area at this time but if the Deputy has any specific proposals I will be glad to look at them.