Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I move amendment No. 37:

In page 38, to delete lines 38 to 40 and substitute the following:“(2) Where a person is arrested by a member of the Garda Síochána under subsection (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) of that Act to “an offence to which this section applies” is to be read as including a reference to an offence referred to in section 36(4)(b) or 52(2).”.

I am clarifying the powers of a garda to arrest a person. The amendment is based on legal advice from the Department of Justice and Equality and the Office of the Parliamentary Counsel and ensures the legislation is in line with the Criminal Justice Act 2006.

The original text of the amendment reads "an offence referred in section 36(4)(b) or 52(2).", but the final words of the amendment should more properly read "an offence referred to in section 36(4)(b) or 52(2)."

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