Brian Hayes (Fine Gael)

Can I discuss the complicated and convoluted way in which this section is drafted, which was raised by Senators Maurice Hayes and Kett? The Minister of State has said it is appropriate to search a station if it is considered that a serious offence under section 90 may have taken place. Why is a considerable opt-out clause provided for in sections 91(3) and 91(4)? What is the point of informing the Garda Commissioner that one is coming to visit a station? Surely that defeats the purpose of surprise, which is needed when one is trying to acquire information and evidence. If we accept for the moment that the offence in question is a serious one under section 90, what is the point of the ombudsman commission telling the Garda Commissioner that it is coming to a station, as provided for in sections 91(3) and 91(4)?