Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 9:

In page 22, after line 38, to insert the following:

“(5) Nothing in this section—

(a) confers on a member of garda personnel a power that he or she does not otherwise have by virtue of another enactment or at common law,

(b) authorises a member of garda personnel to exercise a power conferred by law for a purpose that is not so authorised.”.

I understand that this was debated on Committee Stage. I am here in place of Deputy Ó Ríordáin, who cannot be here for family reasons. This section sets out a definition of what security services are. The amendment is concerned with the difference between a function and a power. Deputy Ó Ríordáin went through this on Committee Stage. An Garda Síochána at a core has a policing function and a security function but individual members are vested by law with a range of specific powers which they exercise and discharge of a specific function. In relation to the Road Traffic Act, gardaí have particular powers to stop vehicles in order to take breath tests and so on. That is understood. The powers are exercised for the purposes spelled out in the particular statute or statutes, as in the example I gave of the Road Traffic Acts. What does it mean to say An Garda Síochána has a function, for example, identifying a security issue such as foreign capabilities? What powers does a garda have when exercising a security function? I want to make it clear that a garda acting in a security capacity does not have the powers conferred under other statues to do things that would be understood to be necessary in the criminal court to do normal policing under criminal Acts. I hope I am making myself reasonably clear. As this matter was highlighted by previously by Deputy Ó Ríordáin, the Minister will understand the import of the amendment.

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