Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

The proposed definition of "curtilage" is similar to that in section 362(7) but also proposes adding an exclusion that the area of the curtilage does not include any part of that area that is a public place. When the term “curtilage” is used in section 362(2), it is provided that "an authorised person shall not, other than with the consent of the occupier, enter a dwelling or the curtilage of a dwelling (other than any part of the curtilage to which the public have access whether as of right or by permission and whether subject to or free of charge)".

That is a more appropriate way of providing that a person can enter a part of a curtilage that is a public place.

The term “dwelling” appears to be defined for the purpose of the definition of “curtilage”. “Dwelling” is not defined in the Bill and takes on its ordinary meaning and is used within the definitions of “house” and “habitable house” in the Bill. The proposed defined term could have the unintended consequence of limiting its ordinary meaning.