Brian Ó Domhnaill (Fianna Fail)

I move amendment No. 4:

In page 12, lines 19 to 21, to delete subsection (4) and substitute the following:

"(4) The Minister may for the purposed of subsection (3) issue a permit and may attach such terms and conditions to it as he or she considers appropriate.".

This amendment concerns authorised officers, who are defined in section 2 as a member of the Garda Síochána, an officer of Customs and Excise, or a person appointed under section 37 during the period of his or her appointment. Section 10(4) states:

An authorised officer may for the purposes of subsection (3) issue a permit and may attach such terms and conditions to it as he or she considers appropriate.

Without questioning the role or functions of an authorised officer, the subsection gives him or her much latitude. It would be more appropriate for the Minister to have the power to issue a permit and attach such terms and conditions as he or she considers appropriate, following consultation with an authorised officer, rather than give an authorised officer on the ground the responsibility to attach such terms and conditions as he or she sees fit. The subsection appears to be very wide-ranging .