Simon Coveney (Cork South Central, Fine Gael)

Section 39 refers to the power of the Garda Síochána to arrest without warrant and then there are other areas where a member of the Garda Síochána might be required. If one wants to search a person or to stop a vehicle, a garda can do that but an authorised officer is limited in terms of the powers they have.

Dwelling houses are sensitive areas. Section 38(5) states that an authorised officer cannot enter a private dwelling, except with the consent of the occupier, unless that officer has obtained a search warrant under section 45, other than where he or she has reasonable grounds to believe that before a search warrant could be sought for the dwelling that any evidence of an offence referred to in section 38(4)(c) is being or is likely to be disposed of or destroyed. Essentially, if an authorised officer is in a yard and through a window they see a farmer pouring angel dust onto a fire, they will have to make a judgment call, which is that if they get a warrant and come back the next day, the evidence will be gone. Under such exceptional circumstances they could enter a dwelling house but they would have to be sure they have reason to do so, and be sure that they would otherwise get a warrant if they looked for it. The instances where an authorised officer would do that would need to be exceptional but I wished to draw the attention of Members to it.