Alice-Mary Higgins (Independent) | Oireachtas source

It is only a risk if the person is absconding. There is no risk to others specified. If the legislation related to a risk to the public in any sense identified, then there are certain circumstances but that is not provided for here. There may be wonderful gardaí who do things in a very good way, and there may be others, but our job is the law and its execution. I would prefer if we did not have a level of discretion or vulnerability to the good practice of others, which is being assigned to certain persons.

I am conscious that if we fixed this issue in this Bill it would not fix it in the rest of the legislation on international protection because it would only affect these new sections, but we should learn from and improve upon legislation when the opportunity is there. If a law is not a good law or practice we should not replicate it but should instead improve upon it and then use this improved legislation as inspiration for improvement to our wider international protection legislation. This is not just about the opportunities people have had and whether they get to stay. It is about how they are treated. We talked about when they get brought to a person or place and so on. Bearing in mind that we will later discuss the fact that people can be detained in a vehicle for 12 hours, there are many in-between spaces, liminal and scary spaces in which people can find themselves. I am afraid I have to press this amendment.