Noel Dempsey (Meath West, Fianna Fail)

The first purpose of the Government's amendment No. 6 is to correctly align the words "may without warrant" in line 21 of page 8 so that there is no doubt that they refer to the entirety of subsection (1) as intended. That is a technical change.

There is a further proposed change at paragraph (1)(B)(II) clarifying the reference to a designated medical practitioner. The amendment specifies that the medical practitioner would be designated by the officer conducting the search. As the section stands it is unclear as to who would make that designation.

The Labour Party's amendment No. 7 refers to the functions of Irish law enforcement officers and specifically the range of search powers to be afforded under the relevant section of the Bill, which is section 6. The specific powers arise where a person is reasonably suspected of making a false declaration of goods or of being in possession of controlled or prohibited goods in the State, or is reasonably suspected of otherwise posing a threat to a person in the preclearance area. It is in those circumstances the specific powers arise. In those circumstances an Irish law enforcement officer may search the person without warrant and detain the person for such time as is reasonably necessary to carry out the search subject to certain conditions. Where a search of a person being detained involves the removal of clothing other than the general outer garments, no officer or person of the opposite sex shall be present unless either that person is a medical practitioner or the officer considers the presence of that person is necessary for the protection of the person carrying out the search or is otherwise expedient.

Senator Ryan proposes that this final phrase be deleted but the Department's legal advice is that the phrase should be retained. Its purpose is to provide the appropriate level of protection for the individual in certain circumstances, for example, where the person being searched is a minor. It is necessary to retain the wording "or is otherwise expedient" for the protection of a minor or in certain other circumstances.

I cannot accept amendment No. 7 on the basis that acceptance of it would remove a protection for a minor.