John Curran (Dublin Mid West, Fianna Fail)

I understand both the impetus behind the amendment and what the Senator is seeking to achieve. We have given the amendment some careful consideration. The Bill provides for temporary custody in the very limited circumstances outlined in section 7. This temporary custody is sui generis and limited in scope. The most important aspects of a person's treatment, that is, being kept safe and secure and subjected to defined search powers, are provided for in section 11. Section 12 allows for the Minister to expand on these and add other matters, such as procedures and record keeping, if required.

If I were to accept this amendment, it would have the effect of limiting any future regulations to the existing Garda custody regulations and the prison rules. Such a move might be unwise. While I accept the intention is to operate to those current rules and regulations, I think there is a case to be made to allow the Minister make regulations which may, if required, differ from those rules and regulations. It may be appropriate, given that a person is temporarily transferring custody from one body to another, that very specific records may need to be kept. Such records may differ to those kept under the current custody and prison regimes. The current provisions of the Bill allow flexibility to introduce new regulations if required. For these reasons, I cannot accept the amendment.