Alice-Mary Higgins (Independent) | Oireachtas source

With respect, they are quite different things. It is one thing to say that a person is driving in a manner which is dangerous or likely to be dangerous because that is an action which is taking place. We are talking about a vehicle. Legislation is a reasonable place to have that point because if people are driving in a manner which may prove to be dangerous, such as driving all over the road or, if persons were there, would be likely to be dangerous, that is an action that is already under way.

The Minister has compared that to a situation where there is a vehicle on a premises within the curtilage which could be used at an undefined future point, but this does not involve an action that is taking place as in the legislation which the Minister indicated is comparable. It is not comparable because the legislation refers to action that is taking place which has the potential to be dangerous, versus speculation as to what a vehicle may be used for.

Any number of items in every single person's home in Ireland and on the curtilage of every person's home in Ireland could conceivably be used in a manner which might be dangerous in the future, if we start using that as a bar in terms of legislation.The Minister mentioned the language. "Imminent danger" is not the language used in the Bill. It does not refer to "imminent". It is an undefined point. There is not a time limit in respect of that. There could be any future point. What worries me is that effectively, this becomes a premise for bypassing the normal procedures with regard to, as I said, not solely a warrant. We are not simply restricting it to the situation of a warrant. However, where there is a warrant, and where there is a reason which is justifiable, rather than something which is entirely subjective and speculative, the worry is that this becomes a mechanism whereby this is the excuse for entering the curtilage of private property, and it becomes a very easy premise for doing that.

If there is a particular category of vehicle which is considered to be dangerous, the Minister should include in the Bill that the premise of certain categories of vehicle is a concern. The Minister has mentioned in the past particular categories of vehicle. That is fine as then one has a law against that category of vehicle. However, having a situation whereby any garda can basically enter any property where there is a vehicle simply because they feel it may be used in the future, without having a real reason and proprietive rationale, and without a consequence if that is found to be unsubstantiated, is not the same as the comparable legislation which the Minister is describing. That comparable legislation rightly ensures that where there are actions that have the potential for consequence of danger, then one can stop and interfere in those actions which are taking place. That is speaking in the moment, and not in the speculative future.

With respect, I do not believe the comparison the Minister has put forward is equivalent, and the concern still stands around this being a tool which could potentially be open to abuse by gardaí or others. That will not contribute to the purposes we all have, which is ensuring that we actually have proper and credible road traffic safety laws.