Conor Lenihan (Dublin South West, Fianna Fail)

The Attorney General put a great deal of thought into this section at the drafting phase, for the good legal and civil liberties reasons Senator Bacik outlined. He found it appropriate to use in section 48A — the additional power about which Senator Bacik spoke — the phrase "reasonable cause". The garda involved can only act on this new power where he or she has a reasonable cause to believe that there are people who are under age drinking alcohol in a situation that is clearly illegal. That has been carefully drafted and on the advice of the Attorney General it is fit for purpose and in compliance with the Convention on Human Rights. The Attorney General sees this new power as fit for purpose but trammelled by particular requirements on reasonable cause.

A garda must have reasonable grounds for believing that section 37A or 8A applies before exercising the entry powers under section 37B or 8B, as the case may be. It may not become clear until after entry has been completed whether it is section 37A, that is, a person is under 18, or section 8A which applies. The entry provisions are framed to deal with that by requiring that the garda be satisfied before entry that one or other, or both sections, are applicable.