Clare Daly (Dublin North, Socialist Party)
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Question 478: To ask the Minister for Justice and Equality the powers a garda has with regard to entering private property in circumstances in which he or she has not been invited and is not in possession of a warrant. [9768/11]

Alan Shatter (Dublin South, Fine Gael)
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Members of the Garda Síochána have a wide range of common law and statutory powers available to them to effect entry to private property without either the consent of the occupier or a warrant. These powers are, however, restricted in terms of their purpose and the circumstances in which they may be used. Such restrictions arise from the need to balance, on the one hand, the duty of a member to enforce the law and protect individuals and, on the other, the rights of individuals to ownership and privacy. In addition, the Deputy will be aware that Article 40.5 of the Constitution affords special protection to domestic dwellings, providing that they are inviolable and may not be forcibly entered save in accordance with law.

Examples of common law powers of entry include the power to enter a private premises (including a dwelling) in order to terminate an affray or to prevent an occupant from causing serious injury to someone else on the premises, and the power to enter in order to effect an arrest. This latter common law power has been superseded in practical terms by the statutory power of entry and search conferred by the Criminal Law Act 1997, section 6 of which permits a member to enter any premises without warrant in order to effect the arrest of a person who is, or who the member with reasonable cause suspects to be, on the premises.

Apart from this power to effect an arrest, there are a large number of other statutory powers. Many are aimed at facilitating the inspection or search of a premises for the purpose of ensuring that a particular business is being conducted in accordance with, for example, the conditions of a licence or that nothing unlawful or improper is being carried on there. They tend to concern ensuring compliance with, for example, liquor licensing and gaming laws, as well as public health and environmental standards. Others permit a member to enter summarily where he or she has reasonable grounds for believing that a relevant offence is being committed on the premises.

Not all of these powers relate to areas coming within the remit of my Department. Having regard, therefore, to the number and range of powers, I am not in a position where I could provide a list of extant powers that I am satisfied is full, accurate and comprehensive. However, should the Deputy wish me to address a more specific matter relating to my area of responsibility, I would be pleased to provide details on that matter.