asked the Minister for Justice if he will appoint an independent commission to examine the workings and operations of the Offences Against the State Act with a view to making recommendations that will ensure that this Act is not used as a legislative dragnet for the questioning of persons in connection with matters that could not be described as offences against the State; and if he will make a statement on the matter.
Written Answers. - Powers of Arrest.
59.
The answer is "no". The Offences Against the State Act, 1939 confers on the Garda a power of arrest in relation to certain specified serious offences. The power is exercisable where the arresting officer suspects the person arrested of having committed or being about to commit one of those offences. The power may not be used for the sole purpose of questioning arrested persons and its exercise is subject to judicial review.