Tommy Broughan (Dublin North East, Labour)

I move amendment No. 2:

In page 7, between lines 30 and 31, to insert the following subsection:

"(3) For the avoidance of doubt, a search carried out by a preclearance officer under subsection (1)(d) or (e) may not involve removal of clothing, other than headgear or a coat, jacket, glove or similar article of clothing.".

There was a discussion about this in the Seanad where the Minister gave a specific assurance. He felt the US officials should not have the power to do any kind of strip search. When we re-examine the Bill, however, we do not see that this is specifically banned in the Bill. The amendment defines the search process more clearly by stating that preclearance officers should not be allowed to strip search passengers going through. Gardaí obviously have that power but the US officials should not. Section 5(1)(e) states that a preclearance officer may:

without warrant, where he or she reasonably suspects that a person poses an immediate threat (including the possession of a weapon) to the safety of officers or other persons in the preclearance area, search such person and his or her goods and may detain the person for such time as is reasonably necessary for carrying out the search,

It seems that the Minister has not specified sufficiently clearly that a strip search power does not apply to these officers. With the help of colleagues, I was glancing at some good information on the Canadian system. The Canadians specifically state that a frisk search can be applied in certain circumstances. We are all used to the kind of basic search everyone gets in the line going through to airport aprons before boarding aircraft at Shannon, Dublin and elsewhere. The Minister should have specified this clearly, however. That point was made by my colleague, Senator Brendan Ryan, and other Senators during the debate in the Upper House. We would like that provision to be included in the Bill as per subsection (3) in the amendment.

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