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Dáil Éireann díospóireacht -
Thursday, 27 Nov 2003

Vol. 575 No. 5

Written Answers. - Offences Against the State.

Joe Costello

Ceist:

160 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has considered the outcome of legal proceedings in a case, details supplied; if he has considered the significance of the court ruling to the effect that an arrest under section 30 of the Offences Against the State Act 1939, on suspicion of IRA membership, was unlawful whereby the arresting garda was acting on the directions of a superior officer and personally had no suspicions in that regard; if he has sought and received legal advice as to the general implications of this ruling on the exercise of discretionary powers vested by statute in the individual members of a force that is subject to unified direction and control; his views on whether a statutory clarification of the issue is either necessary or appropriate; if so, if the issue will be dealt with in the context of the forthcoming Garda Síochána Bill; and if he will make a statement on the matter. [28699/03]

I am advised by the Garda authorities that an appeal is being lodged in this matter. Accordingly, it would be inappropriate for me to comment at this time.

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