Dermot Ahern (Louth, Fianna Fail)

Section 3(2) states that the presumption does not apply if the person entering is a member of An Garda Síochána acting in the course of his or her duty. This provision reflects a similar one contained in section 18 of the 1997 Act, but there may be a need for a reference to other persons who legitimately enter a house in the course of their duty, such as members of the emergency services or medical personnel.

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