Written answers

Tuesday, 6 December 2016

Department of Finance

Revenue Commissioners Powers

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
Link to this: Individually | In context | Oireachtas source

116. To ask the Minister for Finance the procedures which are applied by the customs division to detect ingested drugs on passengers arriving here via ports and airports, further to the Supreme Court ruling which found that passengers cannot be asked to provide a urine sample; and if he will make a statement on the matter. [38513/16]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by Revenue that suspicion of ingestion of drugs would be based on direct indicators such as intelligence, interview with the passenger, or obvious illness or discomfort.  Supplementary and indirect indicators would include searches of baggage or the person, baggage scans, detector dogs, profiling and passenger behaviour.  If the level of evidence-based suspicion is high, the Gardai are invited to consider whether the person should be arrested on suspicion of having ingested drugs.  Any necessary further tests are then carried out by the Gardai at a suitable place of detention.

The relevant Supreme Court Judgments (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 rights of the individual would be best protected by ensuring that any samples are taken under specific legal authority and after the suspected person has been arrested.  Accordingly an agreed procedure was put in place with the Gardai.

Revenue is satisfied that its procedures are effective for the detection of drugs, while ensuring respect for the rights of the individual.

Comments

No comments

Log in or join to post a public comment.