Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 1aaf:

In page 10, line 12, to delete “a named authorised officer” and substitute “a member of an Garda Síochána or a Customs or Revenue Official”.

The amendment highlights an important principle. We did not have an opportunity to discuss the previous section but it dealt with allowing people to board boats. Amendment No. 1aaf refers to search warrants. My colleague and I are concerned that the current legislation allows authorised officers to get search warrants to enter and search boats accompanied by anyone whom they believe to be appropriate. My colleague and I believe this aspect must be clarified. In ideal circumstances search warrants should only be issued to a garda, a customs official or a Revenue official. The ability to grant search warrants to authorised officers is quite a considerable power.

We are concerned about the provision which states: "A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary." We believe that if an authorised officer is issued with a search warrant, he or she should be accompanied by a member of the Garda Síochána, a customs official, a Revenue official or health and safety inspector. We also believe that they should be the determinants. Perhaps authorised officers from Waterways Ireland could also ask for a search warrant.

The power I have alluded to is very considerable. My colleague and I will probably not push the amendment. We urge the Department to review granting a considerable power to search and enter people's private properties and homes to authorised officers as stipulated in this legislation. This is particularly important given the fact that we have not been reassured about the accountability of authorised officers. I do not plan to press these amendments at this point but I want to discuss the matter. The granting of search warrants is quite a considerable power and the persons who use search warrants must be accountable. I am concerned about this power and ask the Minister to address the matter.