Noel Dempsey (Meath West, Fianna Fail)

I understand the concern behind amendments Nos. 3 and 4 but amendment No. 3 would appear to do the opposite to what the Senators intend. The intent of the legislation is that there be limited searching powers for preclearance officers and provision in this regard is included in the Bill. The proposed amendments relate to the functions of preclearance officers, specifically in regard to the conduct of searches subject to the consent of the traveller. I refer to paragraph 5(1)(d). What the Senators propose could have the effect of broadening the range of search powers envisaged for preclearance officers under the agreement itself. The range of search powers afforded to the Irish law enforcement officers under section 6(1) is intentionally broader than those powers afforded to the preclearance officer. Therefore, the proposed amendments do not serve any useful purpose. We are making a distinction.

Senators should note that it is not intended, nor is it provided for in the Bill, that the US preclearance officers would have the power to strip search or anything else. If we accepted amendment No. 3, there would be a risk that the preclearance officers would actually interpret the legislation as affording them wider search powers than are now intended. I know that is not the intention of Senator Ryan. In plain English, the intent is that the preclearance officers would be able to conduct a search, perhaps by removing outer garments, but that if anything further had to happen, it would have to be in the presence of an Irish law officer, a garda.