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Select Committee on Legislation and Security debate -
Tuesday, 25 Jan 1994

SECTION 41.

Question proposed: "That section 41 stand part of the Bill."

Subsection (6) states:

A person authorised by or for the purposes of a warrant issued under this section to take the prisoner to or from any place or to keep him in custody shall have all the powers, authority, protection and privileges of a member of the Garda Síochána.

Will that stand up in court? It is possible to confer all the powers of a member of the Garda Síochána on a person who is perhaps escorting somebody abroad? The Garda Síochána has the power to issue a summons and in certain circumstances has the power of arrest, the power to stop traffic and the power to discharge a gun. The phrase "all the powers" seems quite sweeping and I wonder if it might be more specific.

A garda would carry out such escorting. If it were not a garda it might be a member of a foreign police force.

Will a similar section be included in the legislation of other countries? Will there be reciprocal arrangements?

We can look at that between now and Report Stage and possibly tie it up better.

Question put and agreed to.
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