Head 42 of the bill allows for the exclusion of solicitors “where his or her presence would be unduly disruptive or prejudice an investigation”.
Senator Ward responded: “I can’t see a circumstances in which it would be justifiable that a garda could decide that a lawyer was being disruptive. It is absolutely extraordinary that it would be included. It is unconstitutional. I have grave difficulty with this.”said the bill was subject to a drafting process at present and it may change.
She said the provision was there for incidences in which the solicitor was talking over the subject who was being interviewed “so they can’t be heard and they can’t be recorded properly”. The right to a solicitor was not in statute at the moment, but it was in practice for a number of years,She explained that the provision was intended to be used as a “very limited” provision for the exclusion of a solicitor if they are being deliberately disruptive to a process.“Obviously prohibiting a legal representative would be a breach of jurisprudence both international and domestic. We are open to revisiting the provision if it is needed.
The heads of the bill includes a provision that in certain circumstances a garda member of superintendent rank or above can issue a search warrant without recourse to a judge.
Is there any evidence that a legal representative present with a suspect in interview has been disruptive?What I find incredible is that there is no statutory right to legal representation in interview and no statutory framework for such interviews.
Morris Tribunal, Smithwick Tribunal, Charlton Commission, much to be done before giving draconian powers to some who might think they are above the Law
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Source: IrishTimes - 🏆 3. / 98 Read more »