Noel Dempsey (Meath West, Fianna Fail)

I thank Deputy Broughan for his amendment, which is based on a discussion we held in the Seanad. His colleague in that House wanted increased clarity on the matter but accepted my explanation that the amendment he tabled in this regard would probably cause further difficulties.

In accordance with the agreement, preclearance officers will not be allowed to carry any weapon in the preclearance areas. The use of weapons by preclearance officers was clearly rejected by the Irish negotiating team. This position was upheld by the intergovernmental agreement. Let there be no doubt that security within the preclearance area will be provided by the Garda, as is the case in every other part of the State, and that Irish law will apply.

It was argued in the Seanad that US officers should be explicitly prohibited from possessing weapons in the course of exercising any function under the Bill and I agreed to consider the matter further. In this context, amendment No. 3 provides that preclearance officers will not be permitted to possess weapons in the performance of their duties under the Bill. According to the legal advice I have received, this is the most appropriate manner in which to address the issues raised by Deputy Broughan.

Under section 1, "weapon" is defined as "a firearm within the meaning of the Firearms Acts 1925 to 2007, or a knife within the meaning of section 9(1) of the Firearms and Offensive Weapons Act 1990, or a weapon of offence within the meaning of section 10(2) of that Act." That should address the concerns raised by the Deputy.

The immunity to which he referred is not diplomatic. The immunity provision in the agreement applies only to United States Customs and Border Protection officers in respect of the performance of their duties. The agreement also allows us to request the removal of an officer who abuses his or her position. However, it is not the same as diplomatic immunity. I ask the Deputy to accept the advice I have received on this, which is that the spirit and intent of his amendment is met by the Government amendment.

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