Frances Black (Independent) | Oireachtas source

This amendment seeks to remove the provision from the Bill that would permit An Garda Síochána to enter any place, including the curtilage of a dwelling, without a warrant to seize a vehicle it reasonably believes is likely to be driven or used dangerously. The curtilage of a property includes gardens, paths, driveway, yards, garages or sheds used in conjunction with a house.

My colleagues, Senators Boylan and Higgins, tabled a similar amendment on Committee Stage, which they acknowledged as being quite blunt. That amendment sought to delete the entire section which would have prevented An Garda Síochána from seizing vehicles which had been used dangerously, including scrambler bikes, from the curtilage of the property.

While we still have concerns about the Garda being able to enter and seize property from the curtilage of a property without a warrant, this amendment simply seeks to limit the circumstances where An Garda Síochána could seize a vehicle from the curtilage of a property without a warrant. If our amendment is accepted, it would mean that An Garda Síochána could not seize a vehicle if it only believed it likely to be driven or used dangerously in the future.

It is our assertion that to permit An Garda Síochána to seize property from the curtilage of a dwelling without a warrant is a significant invasion of privacy and open to abuse and misuse. This is especially true in circumstances where the Bill provides that this could occur in instances where a member of An Garda Síochána reasonably believes that private property is likely to be used dangerously at an undefined point in the future.

We need the Bill to provide greater protection for privacy and personal property. With the current wording we fear the Minister is unintentionally blurring the lines in respect of the powers of An Garda Síochána to enter somebody's home or personal land without justification. With a warrant or some other safety mechanism, reasonable grounds of some kind must be demonstrated. The existing words are based on a somewhat speculative assessment regarding the potential future use of a vehicle. We are concerned that this could be open to abuse and misuse.

The Bill does not refer to the Garda entering the curtilage of a dwelling for a clear, specific and measurable purpose, but rather gives it carte blancheto enter on the basis of a belief that a vehicle is likely to be used dangerously at an undefined point in the future. The defined reason for entry to the curtilage of a property sets a very low bar and risks undermining the long-established practice whereby a Garda must have a warrant or other very good reason for entry.

This section of the Bill needs to be improved in order to limit the circumstances wherein the curtilage of a property may be entered without warrant. Currently, we feel the Bill's phrasing in this section is too loose. We ask the Minister to accept the amendment and make the protections for privacy and personal property a little bit more robust.