Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 5:

In page 4, to delete lines 31 to 39, and in page 5, to delete lines 1 to 7.

This amendment seeks to remove the new subsection (10) of section 6 of the Act, which the Government seeks to introduce to provide for a new power of arrest without warrant by gardaí for breach of bail conditions with the qualifier that the garda must consider the arrest necessary to prevent harm to, interference with or intimidation of an alleged victim or witness or other persons as the court may specify. The problem is that extending Garda powers to arrest without warrant in the absence of the provision for bail supports and services is what the Irish Penal Reform Trust, IPRT, calls a short-term and simplistic solution to what is a complex problem.

The particular concern I have about the new subsection (10) relates to a situation in which a garda might think that the person is about to breach his or her bail conditions. The garda might anticipate that the person is going to do it, but the person will not actually have done anything. It is a future crime for which we are allowing an arrest without warrant. I know that it is qualified under the circumstances, but giving the power of arrest without warrant for something that has not happened is very dangerous. This is something that has potential for a lot of abuse. I would be concerned about it in that regard.

Gardaí already have the power to arrest people without a warrant if they have committed crimes or if they are attempting to do so. We have already covered circumstances such as if a person on bail physically assaults somebody, tries to physically somebody or roughs somebody up. What the new subsection does is give gardaí the power to arrest somebody without warrant. For example, if a person went into a pub that he or she should not have been in and the person who was the alleged victim of the crime happens to be there as well, those circumstances could result in an arrest. I am of the view that a breach of bail conditions should be dealt with in the usual way. It is a little bit dangerous that we are giving gardaí a sort of carte blanche to go around arresting people because they think something is about to happen. That could be dangerous and it requires a few safeguards. That is the thinking behind the amendment.