Seanad debates

Thursday, 10 September 2020

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee and Remaining Stages

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent)

I move amendment No. 1:

In page 5, between lines 8 and 9, to insert the following: "(2) This Act shall not apply to a residential unit within a licensed premises or a residential unit in the same building occupied by a specified person.".

This amendment would prevent gardaí from entering a residence in which someone who manages, owns or works in a pub or nightclub lives. It makes a clear distinction between someone's home and a licensed premises.It is important that there is a clear legal protection for those who live in a building which has a partial or full licence to sell alcohol. Without this distinction there is a concern that the residents would not have the full legal protection afforded to their home. Gardaí should not be able to enter an individual's home without a search warrant. Section 2 of the Bill does not set that out in concrete legal terms so this amendment would ensure that a person's right to due process is upheld.

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