Pat Moylan (Fianna Fail)

Amendments Nos. 6 and 7 are related and alternative to each other and they may be discussed together by agreement.

Government amendment No. 6:

In page 8, subsection (1), lines 17 to 49 and in page 9, lines 1 and 2, to delete paragraph (b) and substitute the following:

"(b) any person (whether or not a traveller) is in possession of any goods (including a weapon) the possession of, or the export of which, is controlled or prohibited in the State, or otherwise poses a threat to the safety of officers or other persons in the preclearance area,

may, without warrant—

(i) search the person and, if he or she considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search, provided that—

(I) except where the threat posed is immediate—

(A) the officer conducting a search of a person being detained shall ensure, so far as practicable, that the person understands the reason for the search and that it is conducted with due respect for the person being searched,

(B) a person being detained shall not be searched by an officer or person of the opposite sex, and

(II) where a search of a person being detained involves removal of clothing, other than headgear or a coat, jacket, glove or similar article of clothing, no officer or person of the opposite sex shall be present, unless either that person is a medical practitioner designated by the officer conducting the search, or the officer considers that the presence of that person is necessary for the protection of the person carrying out the search, or is otherwise expedient, and

(ii) examine (by opening or otherwise), seize and detain anything found in the course of a search under this section that appears to him or her to be something that might be required as evidence in proceedings for an offence.".