12.— Section 3 of the Criminal Justice (Forensic Evidence) Act 1990 is amended—

(a) in subsection (1), by the substitution of “a person shall not be convicted of an offence solely or mainly on an inference drawn from such refusal” for “a person shall not be convicted of an offence solely on an inference drawn from such refusal”,

(b) by the substitution of the following subsection for subsection (3):

“(3) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when seeking his or her consent that—

(i) the sample was required for the purpose of forensic testing,

(ii) his or her consent was necessary, and

(iii) if his or her consent was not given, what the effect of a refusal by him or her of such consent could be,

and

(b) the accused was informed before such refusal 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 refusal occurred.”,

and

(c) by the insertion, after subsection (3), of the following subsection:

“(3A) Subject to subsection (4), this section shall not apply to a refusal by a person to give the appropriate consent unless the seeking of such consent by a member of the Garda Síochána is recorded by electronic or similar means or the person consents in writing to it not being so recorded.”.