10.— Section 2 of the Offences against the State (Amendment) Act 1998 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (b):

“(b) the accused was informed before such failure occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure occurred.”.