Michael Ring (Mayo, Fine Gael)
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Question 777: To ask the Minister for Justice, Equality and Law Reform the progress made in relation to the programme for Government proposal to increase Garda search powers in relation to drug crime along the lines of the new random breath-testing model for drink driving to allow random searches at particular places, times and events where senior gardaí believe there is a risk of drugs being present; and if he will make a statement on the matter. [28632/08]

Dermot Ahern (Louth, Fianna Fail)
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My Department is continuing to examine this proposal. As indicated in the replies to Parliamentary Questions 9121/08 and 14079/08 on 4 March and 17 April 2008 respectively, any significant extension of Garda search powers beyond those already available in the Misuse of Drugs Act 1977 and the Criminal Justice (Drug Trafficking) Act 1996 gives rise to consideration of highly sensitive issues, including ones of Constitutional importance. In this regard I have in mind, for example, Article 40.3 (personal rights) and 40.5 (inviolability of a dwelling). My aim is to ensure in so far as possible that any new powers will be capable of withstanding Constitutional scrutiny. Accordingly I am unable to say at this stage when proposals will be available.