Tim O'Malley (Limerick East, Progressive Democrats)

I oppose the amendment because it seeks to give the commission the power to authorise searches of Garda stations in circumstances in which a complaint might not involve an offence. With two exceptions which we have discussed, designated officers of the ombudsman commission will have all the powers of gardaí when conducting investigations into complaints which appear to involve offences. The clear intention of section 90 is that such powers will be used for the purpose of investigating complaints which appear to involve offences only. Similarly, the power to search Garda stations applies for the purpose of investigations under section 90, but only if the commission is satisfied that the designated officer has reasonable cause for suspecting that the member under investigation is guilty of an offence, and has reasonable grounds for suspecting that evidence of, or relating to, the commission of the offence is to be found in the station, or in the possession of any other person to be found there. It would be wholly inappropriate for the provisions to be extended to circumstances in which offences are not involved and I am not prepared to move in that direction.