Seanad debates
Thursday, 7 October 2021
Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage
10:30 am
James Browne (Wexford, Fianna Fail) | Oireachtas source
I thank the Senator. As a general rule, the question of whether powers have been properly exercised is a matter for evidence for the courts. It can be challenged in court. Enforcement officers are routinely required to provide evidence that reasonable grounds existed for the exercise of the powers. I do not believe this amendment is necessary. For the most part, those officers will be members of An Garda Síochána, the Revenue Commissioners, or the Naval Service. Their powers cannot arbitrarily be delegated to those who are not members of An Garda Síochána, not officers of the Revenue Commissioners or not Naval Service personnel.
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