Dáil Éireann díospóireacht -
Tuesday, 10 Feb 1998

Vol. 486 No. 6

Written Answers. - Recording of Garda Interviews.

Derek McDowell

Ceist:

37 Mr. McDowell asked the Minister for Justice, Equality and Law Reform if he will implement the recommendations of the 1990 Martin report regarding the audio and video recordings of interviews of suspects in Garda stations; if he will provide details of the results of the pilot scheme on this matter which began two years ago in four Garda stations; and if he will make a statement on the matter. [3185/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Pilot trials on the use of audio and audio visual recording of interviews with suspects are ongoing at four selected Garda station —the Bridewells in Dublin, Cork and Tallaght and Portlaoise stations. These trials are being overseen by a steering committee under the chairmanship of Circuit Court Judge Esmond Smyth whose task it is to assess them and report to me on whether an effective and economic basis can be found for a national scheme.

Up until early February last year the pilot trials had been in operation at these stations on a non-statutory voluntary basis. However, on average, only 8 per cent of suspects agreed to have their interviews recorded. The steering committee advised that they would be unable to reach definitive conclusions on the effects of electronic recording on the basis of such a low percentage take-up. They, accordingly, recommended that regulations be made under section 27 of the Criminal Justice Act, 1984, making it mandatory that interviews on the pilot trial stations be recorded, subject to the gardaí having a discretion to discontinue electronic recording where a suspect objected to continued recording.

Arising from this recommendation, the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997 were made on 11 February 1997, copies of which are available in the Library. These regulations provide for the electronic recording of interviews with suspects detained under section 4 of the Criminal Justice Act, 1984, section 30 of the Offences Against the State Act, 1939 and section 2 of the Criminal Justice (Drug Trafficking) Act, 1996, in the four Garda stations participating in the pilot scheme.

With these regulations in place, the committee expect that the pilot scheme will begin to produce the data on which a proper evaluation can be based. In this regard, the services of a research consultant have been engaged for the purpose of carrying out the necessary statistical analysis of the data emanating from each of the pilot scheme stations. The need for a change to mandatory recording means, however, that the outcome of the trials will not be available as soon as originally anticipated.

However, once the pilot scheme has been evaluated and the steering committee submits its report to me, the Deputy can be assured that there will be no delay on my part in moving to the introduction of a national scheme if the pilot scheme shows that an effective and economic basis can be found for so doing.