Noel Dempsey (Meath West, Fianna Fail)

The Aviation (Preclearance) Bill 2009 was initiated in this House on 9 June and we had a very good discussion on it. All Stages were passed here, with some amendments, on 16 June. It subsequently passed all Stages in Dáil Éireann last night, with two further amendments. These amendments arose from similar amendments that were tabled on Seanad Report Stage by Labour Party Senators and were supported by the Fine Gael spokesperson. I was not in a position at that time to accept the amendments. I said I would reflect on the issues involved before the Bill was debated in the Dáil, with a view to tabling amendments if I thought it was necessary. Having considered the matters in the meantime, I tabled two amendments on Dáil Committee Stage last night. They addressed the concerns voiced by Senators and Deputies.

As this is a report of the Dáil amendments to the Seanad, I want to explain the purpose of those amendments. Amendment No. 1 is an amendment to section 5 and states:

In page 8, between lines 24 and 25, to insert the following subsection:

"(7) Nothing in this Act shall be construed as permitting a preclearance officer to be in possession of a weapon in the performance of his or her functions under this Act.".

When the matter was originally raised in this House, and again in Dáil Éireann, I explained that preclearance officers would not be allowed to carry any weapons in the preclearance areas. The use of any type of weapons by preclearance officers was entirely rejected by the Irish negotiating team during the preclearance discussions that led to the intergovernmental agreement. It was made clear beyond doubt that security within the preclearance areas would be provided only by the Garda Síochána, as in every other part of the State. However, I accepted there was an argument it should be made explicit in the legislation that US officers will not be allowed to possess weapons in the course of exercising any function under the Act. Accordingly, following further examination on this issue, I proposed this amendment to the Bill in the Dáil and it was passed last night. The amendment makes it clear beyond any doubt that preclearance officers will not be permitted to be in possession of a weapon in the performance of their functions under the Act.