Vol. 518 No. 2
6 Mr. Cosgrave asked the Minister for Justice, Equality and Law Reform the number of Garda stations which have facilities for the electronic recording of suspects' interviews; the number of stations which will have such facilities before the end of 2000; the rights of detainees to such facilities if requested; and if he will make a statement on the matter. [11077/00]
At present, only those Garda stations which took part in the pilot trials of electronic recording have facilities for audio/video recording Garda interviews with detained persons. There are six such stations. Following the recommendations of the steering committee which had been established to examine and report on the feasibility of electronically recording Garda interviews with suspects at Garda stations, the Government decided that a system of audio/video recording of such interviews should be introduced on a national basis.
Implementation committees have been established at Garda and departmental level to plan and oversee the practical steps which must be taken in this regard. It is envisaged that facilities for video recording will be installed in approximately 150 Garda stations and that more than 300 interview rooms will need to be refurbished and fitted to facilitate the audio/video equipment needed. A planned training programme for gardaí in the use of the new equipment and the procedures relating thereto also needs to be undertaken.
I understand that arrangements in relation to these matters are now well advanced and that the equipping of stations should be well in train by the end of the year. It would be difficult, however, at this stage, to put an exact figure on the number of the stations which may be equipped and operational by then but the aim would be to have sufficient stations so equipped in all Garda divisions to give broad national coverage.
The audio/video recording of interviews is governed by regulations which I have made under the provisions of section 27 of the Criminal Justice Act, 1984, namely, the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997, S.I. No. 74 of 1997. Under these regulations it is obligatory, subject to certain specified exceptions, to electronically record all interviews with persons detained under section 4 of the Criminal Justice Act, 1984, section 30 of the Offences Against the State Act, 1939, as amended, and section 2 of the Criminal Justice (Drug Trafficking) Act, 1998, in those stations where equipment has been installed. A detained person has no right as such to have his or her interview electronically recorded as this matter is still governed by the judges' rules which require only a written note to kept of the interview.
(Mayo): The Minister stated that it is obligatory under certain Acts he instanced to have electronic recording. In other instances, does a detainee or suspect have the right to insist that an interview or interrogation should be electronically recorded? Are they in a position to insist that their statement should be recorded electronically rather than its being taken down in written form and duly signed?
Perhaps Deputy Higgins misheard me. The position is that no individual, irrespective of the charge on which they are held, has the right to have their interview recorded or videotaped. With regard to arrests under the Criminal Justice (Drug Trafficking) Act, 1998, the Offences Against the State Act, 1939, as amended, and the Criminal Justice Act, 1984, there is provision to enable audio/video recording to take place.
As already stated, people do not have a right to have their interviews recorded in this manner but there are six stations where the system is operational at present. It is hoped that it will become available on a nationwide basis and, as I already informed the Deputy, funding has been made available to facilitate its being put in place. At that point, any individual who opts to have his or her interview recorded will, in all probability, be granted that right.
The six stations to which the Minister referred were the subject of the pilot study. I put it to him that this matter has been ongoing for almost 20 years and that little progress has been made. What lessons are to be learned from the pilot study, particularly in view of the fact that very few suspects appear willing to have their interviews recorded? Perhaps that is one of the reasons that, 16 years after this idea was first mooted, there are still just six pilot stations. How does the Minister envisage completing the installation of electronic recording equipment in all stations by the end of next year if the uptake is as low as that experienced in the stations which have had the benefit of this technology for some years?
The pilot studies were initially conducted on a voluntary basis whereby people would come forward and opt to have their interviews recorded. Deputy Flanagan is correct that there was a very low uptake. It was decided, therefore, that the method should become compulsory for the purposes of the pilot studies. It was easier for the steering group, under Mr. Justice Esmond Smyth to whom I and the Government are most grateful, to analyse a greater number of results.
It was discovered that there were more admissions with the audio visual recording system than without it. A total of 69% of people made admissions while the interview was being recorded whereas 65% made admissions when it was not recorded. Whether that will be the norm is another matter. Once we have the system in operation in all stations the equipment will be brought into use across the country and interviews will be recorded. At that point we will be able to judge it in a more detailed manner.
