Seanad debates

Thursday, 11 June 2009

Aviation (Preclearance) Bill 2009: Committee Stage

 

12:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I move amendment No. 3:

In page 7, subsection (2), between lines 21 and 22, to insert the following:

"(b) not require the person to remove any garment other than an outer garment save in the presence of and subject to the directions of an Irish law enforcement officer,".

This amendment is in the section describing the functions of preclearance officers, who are officials from the US side. We propose that instead of including the phrase proposed in paragraph (b), "have due respect for the person being searched", we should include the phrase "not require the person to remove any garment other than an outer garment save in the presence of and subject to the directions of an Irish law enforcement officer".

The Bill, as drafted, would allow US personnel to strip search Irish citizens on Irish soil without supervision or control. The sole safeguard is the meaningless one that the search must show "due respect for the person being searched". The Minister and his officials may believe this is adequate but the Labour Party does not believe so. We need an express prohibition on strip searching, except in the presence of an Irish law enforcement officer. That is a very reasonable requirement to include in the legislation and I ask the Minister to accept it.

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