Noel Dempsey (Meath West, Fianna Fail)

I very much appreciate what the Senator is trying to do and I do not disagree with his intent in this regard. I gave the matter some thought following the discussion we had. I know Senator Ryan feels strongly that the Bill should be reworded to avoid the use of "expedient" and "expediency". These probably have a different meaning in everyday language than in legal parlance and that is causing a difficulty for the Senator. On the previous occasion I made it clear that the phrase "or is otherwise expedient" was intended to protect minors. The Senators have returned with an amendment to cover minors and persons with an intellectual disability and cases where a person of the other sex is present. However, I am informed from a legal point of view, that when a number of exceptions to the general rule are specified there is always a danger that a particular exception might be excluded. In this case the Senators propose that the final phrase be deleted and replaced by their amendment which specifies a number of exceptions to the general rule that no person of the opposite sex should be present during the search. When one tries to specify all such exceptions the danger is that a particular one might be excluded and I know that is not what the Senators intended.

One situation I can think of which might fall into this category is that of a traveller with a visual impairment who might want a spouse or partner present while being searched. There is a real problem when one starts to specify in legislation that such a category of person should not be included.

If the Senator is willing, I would like to try to meet him part way on this issue. I shall give it some thought before the Bill reaches Committee Stage in the Dáil to see whether we can redraft the wording to give better expression to the intention the Senators and I have. I reiterate what I stated on the previous occasion, that according to the legal advice I have, this wording is sound and using the phrase "or is otherwise expedient" gives enough discretion and so on. I can see the Senator's point of view and if he is willing to withdraw the amendment, I shall certainly examine it before Committee Stage in the Dáil.