IRELAND could find itself before the UN Committee on Human Rights if certain provisions remained part of the Government's anti crime package, the Irish Council of Civil Liberties has warned.
Mr Michael Farrell, co chairman of the ICCL and a solicitor, said the curb on the right to silence, passed virtually without debate, breached Ireland's international obligations.
"The UN Human Rights Committee last year condemned an identical provision in British law as in breach of the International Covenant on Civil and Political Rights", he said. While the UK was not a signatory to the protocol to this covenant, Ireland was, which meant British citizens could not follow up the UN committee's condemnation of Britain with individual litigation, but Irish citizens could.
It is quite likely that if this provision is not overturned a case will be taken to the UN Human Rights Committee", he said. This would have to follow the exhaustion of all domestic remedies.
This, and the introduction of seven day detention, added up to the biggest attack on the suspect's rights for many years, he said.
"The introduction of seven day detention represents a quantum leap in the length of time people can be held for questioning. It is bound to lead to miscarriages of Justice as confused and strung out drug abusers confess to anything in order to stop the questioning.
"On the other hand, professional criminals and major drug dealers are unlikely to be affected as they will have trained themselves to sit it out.
"These are panic measures designed to give the impression of activity on the drugs issue after years of ignoring the problem. But panic measures make bad law and we will be living with the effects of this rushed legislation for many years", he said.
Asked about other provisions in the legislation, especially those relating to property, Mr Farrell said: "People's liberty is far more important than their property. The proposed anonymity for witnesses, for example, is worrying. But that is really a matter for legal practitioners rather than the ICCL."
Ms Patricia McKenna MEP (Green), also criticised the proposed measures on the right to silence and seven day detention.
"Effectively, the more unscrupulous gardai will now have the right to put anyone that they don't like the look of behind bars for seven days, which paves the way for the detention of innocent people or people who only have tenuous evidence against them", she said.
She challenged Mrs Owen and the Fianna Fail spokesman, Mr John O'Donoghue, to explain how such measures would reduce crime. However, she welcomed the Disclosure of Certain Information for Taxation and Other Purposes Bill.