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Select Committee on Enterprise and Economic Strategy díospóireacht -
Thursday, 23 Jun 1994

SECTION 41.

I move amendment No. 54:

In page 21, between lines 11 and 12, to insert the following subsection:

"(6) Each authorised officer shall carry an identification card issued by the Minister and bearing a photograph of the officer.".

It seems to be reasonable that any authorised officer carrying an identification card should have his or her photograph on it. There was a similar debate on another Bill last week. All identification cards for authorised officers should carry their photographs. If not, they are eminently transferrable although that is not legal. However, there is nothing to prove that the Minister is Deputy Brian O'Shea if he produces a card saying this to someone who has never met him before. If one was an authorised officer, the photograph on an identity card would put it beyond doubt. Given the powers that authorised officers can have — they are detailed in the Bill — photographs on identity cards should be the norm.

It should be standard procedure for all officers to carry the card, with a photograph. Of course this is not a foolproof guarantee in terms of security and identification of an individual — anybody can print a card, produce a photograph, have it sealed and in so doing term themselves as they will — but such a system of identification is a help and something the public is increasingly demanding. It is important, therefore, that officers carry such a card, and the Minister should give consideration as to how it may be brought into operation.

Consideration should be given to the powers granted to authorised officers under section 41 of the Bill. Section 41 (2) (a) allows entry to premises where the officer " . . .reasonably believes that a person liable to pay levy carries on the business of the export of meat or livestock. . .". This allows the officers to enter meat and export plants to check whether the books are in order and the levies paid.

Under section 41 (2) (b), the officers may "inspect the premises, search for any records relating to levy or the business of the slaughter or export of meat or livestock," under section 41 (2) (c) they may "enter and inspect any vehicle used for the transport of livestock,", while section 41(2)(d) permits them to "require any person found on the premises or in charge of the vehicle to produce to the officer any records. . ." and so on. Finally, section 41 (2) (e) allows the officer to "require any such person to give to the officer such information as the officer may reasonably require in relation to any business. . .".

Authorised officers are being granted draconian powers under these provisions. Such officers will be agricultural inspectors of some description, there is uncertainty as to what qualifications they will hold. The authorised officers encountered considerable difficulties in establishing the course of events in different premises, and in obtaining true records, in the run up to the Beef Tribunal and with regard to other recent inquiries in this area. Given this, considerable difficulties could arise in this area.

The risk of abuse of the power will be minimised if an identity card, bearing the photograph of the officer and issued by the Department of Agriculture, Food and Forestry, accompanies the officer. For the sake of the officer's authority, lest it be challenged, it is important that this measure be undertaken. While it will never eliminate the risk of falsification, a measure of this kind, especially if there is a photograph on the identity card, will minimise it.

These officers have substantial powers and it is important that they be treated in a serious way. There is unanimity on this side of the committee regarding this aspect, which the Minister should take into consideration. It is common sense that, given the powers these officers will have, people should be sure of their identity and whom they represent.

I take the points made by Deputies Doyle, Flood and Crawford. The amendment refers to an identification card to be issued by the Minister. It may be more appropriate that it be issued by the chief executive of the board, and I will consider the legal aspect of this.

Having a photograph on an identity card is not a full deterrent and if an amendment is tabled which strengthens identification or reduces the possibility of a security risk I will be disposed to accept it. I will advise on this in an appropriate manner on Report Stage.

Is the amendment being pressed?

I withdraw the amendment, with leave to have it re-entered on Report Stage.

Amendment, by leave, withdrawn.
Section 41 agreed to.
Sections 42 to 44, inclusive, agreed to.
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