Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 13:

In page 21, to delete lines 24 to 27.

This amendment seeks to remove from the Bill the provision that would permit An Garda Síochána to enter "any place including the curtilage of a dwelling" without a warrant or to seize a vehicle a garda believes has been, is being or will be used dangerously.Curtilage includes gardens, paths, driveways, yards, garages or sheds used in conjunction with a house. While the Bill specifies that gardaí cannot enter a dwelling proper without a warrant, we are concerned that permitting gardaí to seize a vehicle other than one in any public space or on any public road, regarding which there are existing powers, blurs the principle that gardaí should not enter a home without a warrant. That is a very long-established principle. While it is completely reasonable to be able to seize a vehicle in a public space that has been, is being or will be used dangerously, the reference to a vehicle that is likely to be used dangerously is quite open to interpretation. The Minister is blurring the power to enter somebody's home or personal land. It is based on a somewhat speculative assessment regarding use. With a warrant or some other safety mechanism, reasonable grounds of some kind must be shown.

The legislation does not refer to a garda entering the curtilage of a dwelling for a clear, specific, measurable purpose, such as to investigate the loud sound of an alarm, but to entering on the basis of a feeling that a vehicle might be used for a certain purpose, or used dangerously at an undefined point in the future. The reason for entry is setting a very low bar and may be ignoring the long-established practice whereby a garda must have a warrant or other very good reason for entry.

Curtilage includes the likes of garages and sheds in conjunction with a house. If entering garages, for example, there could be a blurring of the lines because one could be entering the same building as the house. This needs to be examined in order to tighten the requirements for entry or limit the areas that may be entered. Currently, the legislation is too loosely phrased.