Arrest powers questioned

THE Minister for Justice, Mrs Owen, in the Seanad accused Fianna Fail of trying to diminish Garda powers of arrest.

THE Minister for Justice, Mrs Owen, in the Seanad accused Fianna Fail of trying to diminish Garda powers of arrest.

A new provision in the Criminal Law Bill was passed despite strong objections by Fianna Fail's Justice spokesman, Mr Michael Mulcahy (FF), who argued that the proposed arrest powers could be open to abuse and to challenge in the courts.

The Bill passed all stages.

Government and the main opposition party clashed over statutory backing for the arrest of suspects, without warrant, in their residences.

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Mrs Owen said the intention was to ensure that the powers available to gardai in relation to felonies could be availed of in respect of arrestable offences.

Gardai were being given power to arrest suspects in dwellings where there was reasonable cause to suspect that before a warrant could be obtained, the person would abscond, would obstruct the course of justice or would commit an arrestable offence.

Mr Mulcahy criticised the provision that an arrest could be made where "the person ordinarily resides at the dwelling".

He said he agreed with the Minister that hardened, professional criminals should not be able to use constitutional protection of the home as a shield to evade justice. But he believed it would be undesirable if arrest powers were to be abused by a small minority of law, enforcers.

Mrs Owen said the existing common law was complicated and uncertain on arrests in residences.

Parliamentarians must be given an opportunity to evaluate any Government proposals for the privatisation of Aer Lingus, the Fianna Fail Seanad leader, Mr G.V. Wright, stated.