Tommy Broughan (Dublin North East, Labour)

I move amendment No. 8:

In page 16, line 15, after "who" to insert "reasonably".

These small, technical amendments, which are interrelated, seek to change the conditions under which an inspector may invigilate and detain a ship. I put the argument forcibly on Committee Stage that to insert "reasonable" as opposed to "just" before "suspicion" in the legislation would better cover the convention whereby arrests are made. The amendments impose the same condition on the inspector because under Article 5 of the European Convention on Human Rights, there is a requirement that any arrests be grounded on "reasonable" suspicion as opposed to mere suspicion.

We also indicated on Committee Stage that there is a contradiction in the Bill between subsections 25(1) and 24(3). Under section 24(3) an inspector cannot exercise his functions on the basis of mere suspicion or even reasonable suspicion. He must have "reasonable grounds for believing that an offence has been committed" which is a much higher test than suspicion or reasonable suspicion. The lack of the adjective to describe the actions of an inspector in section 25(1) does not therefore make sense. It seems contradictory for mere suspicion to be a sufficient basis for arresting individuals and or ships under section 25(1).

The Minister for State made the point on Committee Stage that section 25 will come into play only after the suspicion in section 24 has been formed. That point explains the anomaly in part. However, the inspector who forms a suspicion under section 25 may be a different person from the person who forms the suspicion under section 24. The court which makes the order under section 25(1) needs to be satisfied that the suspicion is reasonable.

On those grounds, therefore, I seek to amend line 15 by referring to an inspector who "reasonably" suspects that an offence has been committed under sections 16 or 24. At the end of the subsection I seek to insert a phrase that will change the text to the effect that "if he or she is satisfied that the applicant inspector has reasonable grounds for such a suspicion as aforementioned". It is an effort to tighten the framework of the legislation and to ensure the Legislature and legislation arm the inspector in cases that are prosecuted.

See this speech in context