Committee Reports::Report - Misuse of Drugs Bill, 1973 ::25 May, 1976::Proceedings of the Joint Committee



Dé Máirt, 25 Bealtaine, 1976.

Tuesday, 25th May, 1976.

1. The Committee met at 4 p.m.

2. Members Present.

The following members were present:—

Deputy Barry Desmond (in the Chair), the Minister for Health, Deputies Briscoe, Byrne, Haughey, Ciarán Murphy, Pattison* and Toal.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 23.

The following amendment had been proposed by Deputy Haughey on 12th May.

“In page 16, between lines 12 and 13, to insert the following subsection:—

‘(2) A member of the Garda Síochána shall not exercise a power conferred on him by this section unless he has been furnished with an authorisation in writing by an officer of the Garda Síochána (not below the rank of Inspector) to exercise such power and if when claiming to exercise such power he is required to produce the said authorisation the power shall not be exercisable by him except on production of the authorisation’.”

Amendment, by leave, withdrawn.

Question:—“That the section stand part of the Bill”—put, and agreed to.

(ii) Section 24.

Amendment proposed (Minister for Health):

“In page 16, lines 16 to 59, and page 17, lines 1 to 15, to delete subsections (1) to (5) and substitute the following subsection:

‘24.—(1) For the purpose of enforcing this Act and regulations made thereunder, a member of the Garda Síochána or a person authorised in that behalf by the Minister in writing may at all reasonable times—

(a) enter any building or other premises in which a person carries on business as a producer, manufacturer, seller or distributor of controlled drugs,

(b) require any such person, or any person employed in connection with such a business, to produce any controlled drugs which are in his possession or under his control,

(c) require any such person, or any person so employed, to produce any books, records or other documents which relate to transactions concerning controlled drugs and which are in his possession or under his control, and

(d) inspect any controlled drug, book, record or other document produced in pursuance of a requirement under this section’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 25.

Amendment proposed (Deputy Haughey):

“In page 17, line 22, after ‘Garda Síochána’ to insert ‘(not below the rank of Inspector)’; and in line 23, after ‘arrest’ to insert ‘or authorise in writing another member of the Garda Síochána to arrest’.”

Amendment, by leave, withdrawn.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5 p.m. until 4 p.m. on Wednesday, 16th June, 1976.

* Deputy Pattison substituted for Deputy O’Connell, [S.O. 70 (2)].