The Act of 1984 is amended -

(a) by the insertion of the following sections after section 5:

"Questioning of persons detained under section 4 not generally permitted pending access to legal advice.

5A.

(1) Subject to subsections (4) and (5), no questioning of a person detained pursuant to section 4 shall take place until such time as the person has had an opportunity to consult with a solicitor and, the period of time commencing from the time the detained person makes the request to consult a solicitor and ending upon the commencement of such a consultation, shall be excluded in reckoning a period of detention permitted by section 4.

(2) The period that may be excluded under subsection (1) shall not -

(a) in the case of a person who is detained in a Garda Síochána station between the hours of midnight and 8 a.m. where section 4(6) (c) applies, exceed 6 hours or such other shorter period as the Minister may prescribe by regulations under section 5B, or

(b) in any other case, exceed 3 hours or such other shorter period as the Minister may prescribe by regulations under section 5B.

(3) A detained person who refuses to consult with a solicitor who has made himself or herself available for the purpose of consulting with the detained person shall, in so refusing to consult with the solicitor, be deemed to have waived his or her right to consult a solicitor.