Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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190. To ask the Minister for Finance the details of the tests that are being carried out by customs officers at airports and shipping ports on passengers suspected of having ingested narcotics prior to arrival in the State; and if he will make a statement on the matter. [46453/15]

Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
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191. To ask the Minister for Finance further to his reply to Parliamentary Question No. 159 of 8 December 2015, the date of the two Supreme Court rulings mentioned that relate to the right to due process for persons detained; and if he will make a statement on the matter. [46454/15]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 190 and 191 together.

I am advised by Revenue that suspicion of ingestion would be informed by interview with the passenger, intelligence, passenger behaviour and/or other checks by way, for example, of detector dogs, baggage x-ray or search of the person. The question of invasive tests or examinations based on biological samples (urine, saliva, etc.) arises only where there is a strong suspicion of ingestion. Such tests  would be confirmatory tests and would not assist in the initial identification of suspects. Any evidence collected would be likely to form grounds for arrest and detention, and part of a prosecution case.

The Supreme Court Judgments referred to in the reply to the previous question  (DPP v Gormley and DPP v White, judgments delivered together on 6 March 2014 by Mr Justice Clarke, Supreme Court record numbers 107/11 and 92/12) significantly clarified the rights of suspects both in interrogation after arrest, and in the taking of samples after arrest. Revenue reviewed the judgments, and considered that the practice which best ensured the safety of a prosecution while protecting the rights of the individual was to have any samples taken or detention carried out under specific legal authority after arrest. The Gardaí possess such powers and detention facilities, and Revenue has accordingly agreed procedures for the referral of such cases to the Gardaí.