Noel Dempsey (Meath West, Fianna Fail)

The amendment as proposed by Deputy Shortall provides for powers to be given to members of the Garda Síochána to remove without warrant a person or things obstructing a service area. The amendment is not necessary because sections 71 and 72 of the 1993 Act provide extensive powers, not just to gardaí, but to officers of local authorities to remove obstructions on public roads. The placing of such obstructions is an offence under section 71(1) of that Act and service areas are part of the public road network under the 1993 Act. The Deputy's intention is already catered for.

In addition to the powers for gardaí and authorised officers of local authorities, gardaí have, under separate legislation, powers in connection with the maintenance of public order. I am also advised that the powers of gardaí in respect of service areas under this Act should not differ from the generality of powers conferred under the Roads Act 1993 as regards the obstruction of public roads. In order to be consistent, I ask the Deputy to withdraw the amendment.

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