There are a number of points about amendment No. 69 in the name of the Minister. The Minister proposes to delete subsections (1) to (5) of section 24. As Deputies will see, amendments Nos. 70 to 76 are also addressed to these subsections. Therefore, if amendment No. 69 is carried, amendments Nos. 70 to 76 cannot be moved. We have no option but to discuss amendments Nos. 69 to 76 together. I would also suggest that we discuss amendment No. 77, in the name of Deputy Haughey, as it is consequential. I would suggest the procedure would be that we would take amendments Nos. 69 to 77 together.
SECTION 24.
I move amendment No. 69:
In page 16, lines 16 to 59, and page 17, lines 1 to 15, to delete subsections (1) to (5) and substitute the following subsection:
24.—(1) For the purpose of enforcing this Act and regulations made thereunder, a member of the Garda Síochána or a person authorised in that behalf by the Minister in writing may at all reasonable times—
(a) enter any building or other premises in which a person carries on business as a producer, manufacturer, seller or distributor of controlled drugs,
(b) require any such person, or any person employed in connection with such a business, to produce any controlled drugs which are in his possession or under his control,
(c) require any such person, or any person so employed, to produce any books, records or other documents which relate to transactions concerning controlled drugs and which are in his possession or under his control, and
(d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section.".
There were two problems involved as far as the section as originally drafted is concerned and I have brought forward this amendment to resolve both. It is not the intention to search doctors' premises for medical records. There have been representations made by the Irish Medical Association, the Irish Medical Union, the National Health Council, the Eastern Health Board and the Irish Dental Association. They argued that the original section was so wide that it could be interpreted as enabling the Garda or an officer of the Minister to enter a doctor's surgery and inspect confidential medical records. As I say, this is not the intention, but the section could be open to misinterpretation.
Secondly, the original section which was aimed at enabling enforcing officers to demand information from legitimate and licensed traders, also contained some provisions in relation to illegitimate traders which are dealt with under section 26.
The sole purpose of the section, as it was intended, was to enable enforcing officers to inspect drugs and records on the premises of a licensed trader, whether producer, manufacturer, seller or distributor. It was not intended as a section to enable private medical records to be inspected in a doctor's surgery or to deal with illegitimate traders. I think, therefore, the section as amended reflects this intention clearly and precisely. It satisfies the medical profession and, since there is now no power to inspect confidential medical records, the section refers only to the business premises of commercial traders.
I think it is a desirable amendment in order to re-assure those bodies whom I have referred to that it is not the policy and never was the intention to inspect confidential records or the medical or surgical records of the practicising doctor or dentist. It means a severe slashing of the whole section from (1) to (5).
First of all, is it the Minister's intention to take private houses completely outside the section?
Yes.
It confines the powers strictly to business premises?
Yes, and it does exclude doctors. It says " . . . . in which a person carries on business as a producer, manufacturer, seller or distributor of controlled drugs," doctors are not deemed to be engaged in business, but the section, as originally, drafted, could include doctors.
Are the doctors satisfied with this?
Yes. We have had representations from the two medical bodies who advised us that those particular sections be deleted and that it should be amended in order to ensure that there would be no misunderstanding about the rights or I should say the non-rights of anybody who had a warrant to search premises.
I must confess that I have been looking at this amendment as suspiciously as I can and I cannot but be satisfied with it. It seems to me, and I hope I am correct, to confine the operation of section 24 very specifically to premises which are used in the normal course of business in the drug business. Therefore, I do not think we can make any objection to it. I would be very much disposed to accept the amendment and forget about the other amendments, because all the other amendments put down to this section are based on section 24 as it was originally drafted in the Bill. Therefore, when we have this much more acceptable section brought about by the Minister's amendment, all the other amendments can go by the board; mine can anyway. My amendments were designed to bring about, in the context of the broader section, that only members of the Garda Síochána specifically authorised by a Minister—the Minister for Justice because he is responsible—should carry out these duties. That restriction is not necessary now in view of the Minister's amendment.
Amendment agreed to.
Amendments Nos. 70 to 77 inclusive, not moved.
Section as amended agreed to.