Michael McDowell (Dublin South East, Progressive Democrats)

That may all be very well. However, take the example of a psychiatric institution staff member with an individual on a day visit who then escapes. If the staff member sees the person at a later stage and must then get a garda, he or she will lose sight of the individual. It is desirable that we are not inflexible in these situations. I will look at the amendment again but I am not convinced that the Garda should be the only force capable of carrying out these functions. There may be circumstances in which it would be dangerous to say that someone who is in a position to act cannot do so. Under criminal justice legislation, everyone has the power of arrest for an arrestable offence where the penalty is over five years. This is not the same case but I want to review the practicalities of making the officers or servants of the designated centre incapable of using power of arrest. One will be told, particularly by the trade unions, that the officers will walk on by in circumstances where they do not have the legal power to return an individual to the centre of detention. The common good may require that people in these circumstances must act.