James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators. Unfortunately, I cannot accept this amendment. Effectively, recklessness is being aware of a risk and deciding to take it anyway. As Senator Ward said, it is not about a mistake. If the decision as to why action taken is made in good faith, it is not recklessness either and such a person should be okay in that regard. It is not absolute liability for the making of an incorrect statement either. It is reasonable in the serious situation where a ship is boarded using proportional powers, that a person does not make a reckless false statement to the enforcement officer. Otherwise that is not someone who acts in good faith or someone who is makes a mistake. Such people must know there is a risk with what they do and yet go ahead and do it anyway. Similar powers exist in drug interdiction and I am not aware of any issues that have arisen there either in the circumstances. To remove reference to recklessness would make it difficult for enforcement officers to perform their role.