asked the Minister for Defence whether his attention has been drawn to any instances where it was alleged that members of the military police, in uniform or mufti, had forcibly entered private dwelling-houses; and, further, if he will state if any special authority has been conferred on members of the military police by statute or otherwise which lawfully entitles them to make such forcible entry; and, if so, if he will indicate the nature of such authority.
Ceisteanna—Questions. Oral Answers. - Action of Military Police.
No instance has been brought to notice where members of the Military Police in uniform or mufti have forcibly entered private dwellinghouses. An instance has arisen, however, where such personnel, with the permission of the occupant, entered a private dwelling-house in search of stolen military property.
Under the Defence Forces (Temporary Provisions) Act, 1942, Section 13, Military Police have authority to apprehend suspected deserters and absentees, and under the terms of Emergency Powers (No. 37) Order, 1940, have authority in the discharge of such duties to search without warrant "any premises in which the uniform, arms, ammunition or equipment of such deserter or absentee is reasonably suspected of being".
In the particular case referred to, the search was not covered by the Emergency Powers Order though the personnel concerned were apparently under the impression that the terms of the Order applied. Suitable steps have been taken to avoid a recurrence.