Noel Dempsey (Meath West, Fianna Fail)

If the Deputy looks at the Bill he will see that we are talking about two different subsections, (1)(d) and (e). As a general point, Irish law enforcement officers in the preclearance agreement have extensive powers of search, which are provided for in section 6. Under section 5(1)(d), the search is at all times subject to the consent of the traveller concerned. Section 5(1)(d) states that a preclearance officer may:

with the consent of the traveller and subject to subsection (2), search such traveller and his or her goods.

That is a specific condition, therefore, when the traveller gives consent. Section 5(1)(e) refers to when the traveller does not give consent. That is where the officer does not require the consent of the traveller, and that power can only be exercised in circumstances where the preclearance officer reasonably suspects that the person is in possession of a weapon or otherwise poses an immediate threat to the safety of the officers or other individuals in the preclearance area. In this regard it should be recalled that before any traveller enters the preclearance area, he or she will have cleared the airport passenger screening system and will have been screened for weapons and explosives. It can be assumed, therefore, that the power referred to under section 5(1)(e) is unlikely ever to be required in practice. That is the reality of it.

The amendment would provide that a search carried out by a preclearance officer under subsections 1(d) or (e) would not involve the removal of clothing "other than headgear or a coat, jacket, glove or similar article of clothing". If those are the only articles of clothing involved, the strip search scenario which the Deputy is worried about, by its very definition, would not happen. Only outer clothing would be removed.

Both in the case of the consent search as well as the non-consent search I mentioned, the agreement we have reached with the United States provides for a pat down search as well as what is termed a partial bodily search. We are all familiar with the concept of a pat down search, which is carried out routinely at security screenings points in airports everywhere.

A partial body search is a more thorough search which might follow a pat down search. It involves the traveller removing items of clothing covering a particular area where the officer suspects that contraband is concealed. This partial search is always a targeted search. For example, if a bulge is detected on a person's abdomen during the course of the pat down search, the subsequent partial body search will target that area. Consequently, that type of search may involve the removal of clothing other than headgear, a coat, jacket, glove, or similar article of clothing. It should be recalled that, like the pat down search, the power to carry out the partial body search is subject to the consent of the individual concerned. The individual can withdraw that particular consent.

As it is proposed, the amendment would curtail the powers of preclearance officers and make it difficult, if not impossible, for them to carry out their preclearance functions. In addition, it would result in the legislation being at variance with the terms of the intergovernmental agreement on preclearance with the US. This legislation is intended to give effect to that agreement. For that reason, I cannot accept the Deputy's amendment. I hope the explanation I have given clarifies the issue sufficiently for him.

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