I move amendment No. 7:
To delete subsections (2) to (5) and substitute the following subsections:
"(2) (a) Where a member of the Garda Síochána finds in the course of an inspection under this section any article which he has reasonable grounds for believing to have been stolen, unlawfully obtained or unlawfully pawned, he may seize, carry away and detain the article or impound the article in the pawnbroker's premises.
(b) Where a member of the Garda Síochána carries away an article under this subsection, he shall give to the pawnbroker a receipt for the article.
(c) Where a member of the Garda Síochána impounds an article under this subsection, the pawnbroker shall, when so requested by a member of the Garda Síochána, produce the article at the hearing of the application provided for by subsection (3) of this section.
(3) Where a member of the Garda Síochána detains or impounds any article under this section, he shall as soon as is reasonably possible, apply to the District Court for an order for the disposition of the article and, on such application, the Court shall—
(a) if satisfied that the article was stolen, unlawfully obtained or unlawfully pawned, order the return of the article to its owner, and
(b) in any other case, order the return of the article to the pawnbroker concerned.
(4) The Court, when making an order under this section for the return of an article to its owner, may order such return either with or without payment by the owner to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning of the article and shall have regard to any failure on the part of the owner to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.
(5) A member of the Garda Síochána shall not exercise the powers conferred by this section unless he is authorised in writing so to do by a member of the Garda Síochána not below the rank of inspector and, when exercising any of such powers, he shall, if requested by any person affected, produce the authorisation.
(6) A person—
(a) who obstructs or interferes with a member of the Garda Síochána in the exercise of a power conferred by this section, or
(b) who, on being called on under this section by a member of the Garda Síochána to produce any book, catalogue, document or record in his power, possession or procurement, refuses to do so, or
(c) who fails to comply with a request under paragraph (c) of subsection (2) of this section, shall be guilty of an offence."
This is an amendment which I am putting forward in the hope that it will meet certain representations which were made to me by the Irish Pawnbrokers' Association. The section as it stands empowers a member of the Garda Síochána to seize, carry away and detain any article found on an inspection of a pawnbroker's premises to have been stolen etc. and to apply to the district court for an order as to its disposal. The pawnbrokers have objected to this provision and have represented that such articles should be merely impounded on the pawnbroker's premises. When removed from the pawnbroker's premises, difficulties of identification may arise for the pawnbroker should he be called upon to give evidence in court subsequently in relation to proceedings for an order of disposal.
While I am accepting these representations on behalf of the Irish Pawnbrokers' Association, it is recognised that occasionally it will be necessary for the Garda to take away such articles in the course of their investigations. The amendment provides, therefore, for two alternative procedures. On the one hand, it provides that the articles may be impounded on the pawnbroker's premises and, on the other hand, it provides that in certain circumstances the articles may be taken away by the Garda Síochána.