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Dáil Éireann debate -
Tuesday, 7 Mar 2000

Vol. 515 No. 6

Ceisteanna – Questions. Priority Questions. - Garda Operations.

Brendan Howlin

Question:

2 Mr. Howlin asked the Minister for Justice, Equality and Law Reform when audio-visual interview facilities will be generally available in Garda stations; if he will ensure that these facilities are available in advance of the introduction of planned legislation to provide for the extension of periods of detention and further restrictions on the right to silence; his views on the comments made in the Garda Síochána Corporate Strategy that the introduction of this taping may affect detection rates; and if he will make a statement on the matter. [6829/00]

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 has 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 audio-video recording. In addition, a major contract has to be placed for the purchase of the specialised 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 arrangements in relation to these matters are now well advanced and equipping of stations should be well advanced by the end of the year. I am satisfied audio-video recording will be generally available before the legislation to which the Deputy refers is enacted.

With regard to the possible effect on detection rates of the introduction of audio-video recording, I refer the Deputy to one of the findings of the steering committee which oversaw the pilot trials of electronic recording to the effect that inculpatory admissions were made by 69% of suspects interviewed in the pilot stations on tape, compared to 65% in the control stations where interviews were conducted in the traditional manner. This would suggest that audio/video recording should not occasion any reduction in detection rates.

In his questions, the Deputy referred to my recent announcement that the Government has approved the drafting of a Criminal Justice Bill based on the recommendations of the expert group appointed to consider changes to the criminal law recommended in the Garda SMI report. Increased powers of detention and a further legislative restriction of the right to silence in relation to the more serious offences, are two of the measures to be addressed in the Bill. The Bill has only recently been sent to the parliamentary draftsman for drafting.

Will the Minister give a clear assurance to the House that the extension of periods of detention envisaged in the Criminal Justice Bill, 2000, which has yet to be presented to the House, will not be implemented until such time as a comprehensive national system of videotaping interviews is available – that is, in the 150 stations the Minister says it is his intention so to equip? May I have that stated as a matter of clear principle, please?

May I take it from the Minister's response that he does not agree with the statement in the Garda Síochána's corporate strategy – published, presumably, with the full authority of the Garda Síochána – that audio-visual interviewing will ensure that suspects' rights are seen to be protected but that it will have an adverse effect on the detection of crime?

It is incumbent on the Government to take advantage of the audio-video system. I assure the Deputy that the system will be in place prior to the legislation arising from the SMI report. That is my clear intention. With regard to the possibility of detection rates falling arising from the provision of audio-video facilities, it will be clear from the steering group's report that this should not be the case. In fact, the number of admissions that were made whilst the audio-video system was in use was higher by approximately 4% than the number made while the system was not being utilised. At least, that is what the pilot studies show at this point. The new powers with regard to detention and inferences from an individual's silence will relate to more serious offences normally carrying a period of imprisonment of ten years or more.

Is the Minister concerned that the position he has enunciated now, and which is also presumably the Government's position, is at variance with that stated in the Garda Síochána's corporate strategy? Does he agree with the many eminent legal personages who have said it is unacceptable in our democracy to have interviews without at least audio-taping them to ensure proper protection of the accused and of the gardaí? When will he ensure that an interview does not take place without such safeguards?

It is a fact of life that long before this equipment became available, and even since it became available in the lifetime of the Government of which the Deputy was a member, there was no effort to provide audio-video facilities. That said, I intend to ensure that within approximately 12 months, the 150 Garda stations which have been identified will have this equipment up and running, which I envisage should be very successful. Clearly, it is the intention to ensure that the individual being questioned is protected and it is also important for the character of the garda involved that the equipment concerned come into use at the earliest possible date.

Will the Minister reply to my second question about the corporate strategy?

The Deputy will be well aware that policy is a matter for the Government. Obviously what the Garda Síochána says is taken on board when the Government makes policy decisions, as are the opinions of other vested interests. However, in the final analysis policy is a matter—

Occasionally for the Oireachtas.

Indeed, but the issue of Government policy is one for the Government and it is Government policy to provide these facilities.

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