Alice-Mary Higgins (Independent) | Oireachtas source

My concern is that while the laws of evidence may apply in terms of an actual prosecution, we have already stated that cases may arise where there will not be prosecution, particularly in relation to humanitarian actions, actors and search and rescue. The Government has expressed the view and hope that it will not proceed to prosecute in these cases. However, we may have situations where goods are confiscated. In those cases, the question of evidence may not come through in court. My concern is that there could be a potential for intimidation. There could be a situation whereby a ship is repeatedly searched or individuals are repeatedly searched. Even if these searches never lead to a prosecution, that could exercise a chilling effect in humanitarian actions or human rights interventions. That is the concern. I am not saying that An Garda Síochána or whatever other enforcement officer might be delegated cannot take these actions. However, it would be useful were they clear about the basis for the actions they take and that those were documented. For example, an Irish ship could be searched multiple times, as could Irish individuals. We have some high-profile individuals, such as the nurses and doctors on Lesbos who have been leading in humanitarian intervention with some of the most vulnerable refugees. If they are getting searched in Ireland or if they are getting affected by the powers here, there should be documentation as to why this happens and what the grounds are.