22. (1) An intimate sample shall not be taken from a child under Part 2except where—

(a) a parent or guardian of the child or, if appropriate, any other adult who, pursuant to section 58 of the Act of 2001, attends at the Garda Síochána station in which the child is detained, or

(b) in the absence, or the exclusion under subsection (4) or the removal under subsection (5), of a person referred to in paragraph (a), another adult (not being a member of the Garda Síochána) nominated by the member in charge of the Garda Síochána station,

is present while the sample is being taken, unless the child indicates that he or she does not wish to have the person present.

(2) The member in charge of the Garda Síochána station concerned shall, in so far as practicable, nominate a person under subsection (1)(b) who—

(a) is of the same sex as the child from whom the sample is to be, or is being, taken, and

(b) by reason of his or her training or experience with children, is suitable for that purpose.

(3) Subject to subsections (4) and (5) —

(a) if appropriate, a sample under section 11 , or

(b) a non-intimate sample,

shall, if it is reasonably practicable to do so, be taken from a child in the presence of a parent or guardian of the child or, if appropriate, any other adult who, pursuant to section 58 of the Act of 2001, attends at the Garda Síochána station in which the child is detained, unless the child indicates that he or she does not wish to have the person present.

(4) The member in charge of the Garda Síochána station may authorise the exclusion of a parent or guardian of a child, or other adult referred to in subsection (1)(a) or (3), as the case may be, who attends at the Garda Síochána station in which the child is detained, from the place where the sample concerned is to be, or is being, taken if—

(a) the parent or guardian of the child, or the other adult who attends at the station, is the victim of the offence in relation to which the child is detained,

(b) the parent or guardian of the child, or the other adult who attends at the station, has been arrested in respect of that offence,

(c) the member in charge has reasonable grounds for suspecting the parent or guardian of the child, or the other adult who attends at the station, of complicity in that offence, or

(d) the member in charge has reasonable grounds for believing that the parent or guardian of the child, or the other adult who attends at the station, is likely to obstruct the course of justice.

(5) The member in charge of the Garda Síochána station may authorise the removal of a parent or guardian of a child, or other adult referred to in subsection (1)(a) or (3), as the case may be, who attends at the Garda Síochána station in which the child is detained, from the place where the sample concerned is to be, or is being, taken if he or she attempts without reasonable cause to obstruct the taking of the sample.

(6) Before a member of the Garda Síochána takes, or causes to be taken, a sample under section 11 , an intimate sample or a non-intimate sample from a child, the member shall, if it is reasonably practicable to do so, inform a parent or guardian of the child or other adult who—

(a) attends, pursuant to section 58 of the Act of 2001 or otherwise, at the Garda Síochána station in which the child is detained, and

(b) is not excluded under subsection (4) from the place where the sample concerned is to be, or is being, taken,

of the matters referred to in section 11(3), 12(5)or 13(5), as the case may be, in relation to the child.

(7) Subsection (6) shall not apply in relation to the taking of an intimate sample from a child if a parent or guardian of the child has, pursuant to section 15(5), been informed of the matters referred to in section 12(5) in relation to the child.