Phil Hogan (Carlow-Kilkenny, Fine Gael)

I move amendment No. 12:

In page 5, after line 49, to insert the following:

5.—Section 14 of the Act of 1987 is amended—

(a) by inserting the following subsection after subsection (5):

"(5A) Where an authorised person has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member of the Garda Síochána when performing any functions conferred on him or her under this Act or any regulations made under it.",

and

(b) in subsection (6) by inserting "under subsection (6A)" after "for a warrant",

(c) by inserting the following subsection after subsection (6):

"(6A) Without prejudice to the powers conferred on an authorised person by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an authorised person that there are reasonable grounds for believing that there is, or such entry is likely to disclose, evidence of a contravention of this Act, or regulations made under it, the judge may issue a warrant authorising an authorised person, accompanied by such other authorised persons or by a member or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place, if necessary by the use of reasonable force, and perform the functions conferred on an authorised person under this Act or any regulations made under it.".

This amendment supports the enforcement activities of a local authority appointed and authorised person when carrying out his functions under the Air Pollution Act 1997 or any regulations made under it. The amendment proposes that in cases where an authorised person is obstructed or reasonably expects to be met with obstruction, he or she may be accompanied by a member of the Garda Síochána.

See this speech in context