Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

We always have to think about how legislation will be interpreted in a court, where some of the thinking is worked out. I believe the wording of the legislation delivers exactly what the Senator is looking for. It states, "A member of the Garda Síochána may, for the purposes of exercising a power under subsection (1), enter without warrant". As stated in subsection (1), it is only where a member of the Garda Síochána "reasonably believes that a vehicle has been, or is being, driven or used (or is likely to be driven or used) in any place in which it is, or is likely to be, dangerous to any persons present". Therefore, it is only where a garda has a reasonable belief that a vehicle was being driven in a manner very dangerous to others that subsection (3) comes into effect. A court would interpret that. It would not be possible for a garda to wander into someone's front garden without meeting any of the conditions in subsection (1). That would not be within the law. I hope that provides some of the reassurance the Senator is looking for.