Tommy Broughan (Dublin North East, Labour)

I move amendment No. 4:

In page 9, subsection (1)(i)(II), line 7, to delete "or is otherwise expedient" and substitute the following:

"or the presence of the person of the other sex is in the interests of the person being searched, or occurs with the consent of that person".

Section 6 deals with the functions of Irish law enforcement officers. The section states that where a full search takes place, involving the removal of clothing, then no officer or person of the opposite sex shall be present, unless either that person is a medical practitioner designated by the officer conducting the search, or the officer considers that the presence of that person is necessary for the protection of the person carrying out the search, or is otherwise expedient. My amendment deletes "or is otherwise expedient" and inserts "or the presence of the person of the other sex is in the interests of the person being searched, or occurs with the consent of that person". The Minister has come up with something similar in his own amendment, but my amendment provides an extra bit of protection to somebody in that situation. It would not be just in the interest of the person, it would require that person's consent.

The Irish law enforcement officer has a very important power, as is detailed in this section, and this amendment is a small safety sub-clause to make things more secure for the person who is subject to a search without a warrant, as is the case in section 6. I commend the amendment and I hope the Minister accepts it.

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