Select Committee on Legislation and Security díospóireacht -
Thursday, 24 Feb 1994

SECTION 10.

Mr. G. Mitchell

I move amendment No. 16:

In page 7, after line 47, to insert the following subsection:

"(2) Section 43 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1):

‘(1A) For the purpose of endorsement a Deputy Commissioner of the Garda Síochána or an Assistant Commissioner of the Garda Síochána may, with the authority of the Commissioner of the Garda Síochána, carry out the functions of the Commissioner of the Garda Síochána.'.".

This is an amendment to allow for the changes which would ensure that, for the purposes of an endorsement, the Deputy Commissioner of the Garda Síochána or an Assistant Commissioner of the Garda Síochána may, with the authority of the Commissioner of the Garda Síochána, carry out the functions of the Commissioner assigned to him under this section. Administratively, this might be necessary from time to time and it might be implemented under the Bill.

Mrs. Geoghegan-Quinn

At first glance, section 43 can be slightly misleading. Subsection (1) provides for the endorsement of warrants by the Commissioner and subsection (2) deals with the format of endorsement which may be done by the Commissioner, the Deputy Commissioner or the Assistant Commissioner. Section 43 must be read in the light of the definitions in section 42, where it is expressly stated that the word "Commissioner" includes a Deputy Commissioner and an Assistant Commissioner. Section 42, therefore, already covers the point made in Deputy Mitchell's amendment.

Amendment, by leave, withdrawn.

Sections 10 and 11 agreed to.