Pat Carey (Dublin North West, Fianna Fail)

However, the Minister wishes to strongly contest any claim or suggestion that this occurred because of an "instruction" that searches in general or searches of particular types or classes of aircraft should not occur. Let me emphatically and unambiguously state in this House that no such instruction has ever been given or would or could be given by any Irish authority. On behalf of the Minister, Deputy Brian Lenihan, I cannot be clearer or more unambiguous in this regard.

In considering when and where the Garda Síochána can conduct inspections of aircraft on Irish soil, members of the Garda Síochána are as much bound — rightly bound — by the rule of law as anyone else. The Garda uniform does not entitle the wearer to dispense with common, statute or international law, as and when they please.

The legal position in the matter of aircraft inspections is relatively straightforward. So-called "State aircraft" such as foreign military aircraft generally enjoy sovereign immunity from search by Irish officials. However, in the case of all other aircraft registered to another state, whether used by foreign officials or otherwise, such as the one mentioned by Deputy Higgins, powers of search are available to the Garda Síochána.

However, these powers can be deployed only where there are reasonable grounds for their utilisation, capable of withstanding scrutiny in a court of law. In much the same way that a Garda needs reasonable suspicion——

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