Róisín Shortall (Dublin North West, Labour)
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Question 149: To ask the Minister for Justice, Equality and Law Reform the powers afforded to gardaí to stop and search for knives; and the statutory basis for same. [7624/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Firearms and Offensive Weapons Act 1990 governs the possession of offensive weapons including knives. Under the Act, it is an offence to have any knife, or any article which has a blade or which is sharply pointed, in any public place; to be in possession of a knife, or any weapon of offence, while on any premises as a trespasser; to produce, in a manner likely to intimidate another person, any article capable of inflicting serious injury in the course of committing an offence or in the course of a dispute or a fight.

A member of the Garda Síochána may arrest, without warrant, any person who is, or whom the garda, with reasonable cause, suspects to be, in the act of committing any such offence. In so far as the offence of possessing a knife, or any bladed or sharply pointed article, in any public place is concerned, it shall be a defence for a person to prove that he or she had good reason or lawful authority for having the article in their possession.

Where a number of people are congregated in a public place and a breach of the peace is occurring, or a member of the Garda Síochána believes is likely to occur, a garda may search, without warrant, any person suspected of possessing a knife, or any bladed or sharply pointed article. Furthermore, a garda may search any one of a number of persons present even if he or she has no reason to suspect that any particular person present possesses a knife or other offensive weapon. A person found guilty of the illegal possession of a knife or other offensive weapon may be fined up to €1,270 and imprisoned for up to five years.