Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 2:

In page 5, to delete line 35.

This amendment removes paragraph (a)(i) of the new subsection (10) the Government wishes to insert into section 6 of the Act of 1997. If the paragraph remains in the Bill, it would introduce a new power of arrest without warrant by the Garda if a member was of the opinion that someone on bail was about to contravene any of his or her bail conditions and if the garda considers arrest necessary to prevent harm to, interference with, or intimidation of the alleged victim, witness or other such persons.

My concern is that effectively we are giving the Garda powers of arrest for a future crime - offences that have not been committed yet, crimes that might not be crimes at all but just a thought in a garda's head. The potential for abuse in those circumstances is considerable, should a garda choose to be of that mind. We did discuss this on Committee Stage. I do not see any merits as to how it would make the victim any safer. Having discussed it at committee, I have changed my amendment since then. I had opposed the whole subsection, but I have taken on board the points made by other Deputies, namely, the circumstances whereby for instance, if somebody accused of a sexual crime against a woman was approaching her in her front garden, it would be a help to the woman if the garda could arrest the accused to get him out of the way and protect her. I do not believe my amendment puts a stop to that or prevents the garda from doing that in any way. It is only about not extending new powers of arrest without warrant for breach of bail conditions, particularly in the absence of bail supports or services, which is an issue that the Irish Penal Reform Trust has raised, saying it is a short-term and simplistic solution to what is a complex problem. It is in that sense that I am moving it.

See this speech in context