Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee and Remaining Stages
Seanad Éireann — 2020-09-10
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Lynn Ruane (IND), University of Dublin

I move amendment No. 1:
In page 5, between lines 8 and 9, to insert the following:
"(2) This Act shall not apply to a residential unit within a licensed premises or a residential unit in the same building occupied by a specified person.".
This amendment would prevent gardaí from entering a residence in which someone who manages, owns or works in a pub or nightclub lives. It makes a clear distinction between someone's home and a licensed premises.
It is important that there is a clear legal protection for those who live in a building which has a partial or full licence to sell alcohol. Without this distinction there is a concern that the residents would not have the full legal protection afforded to their home. Gardaí should not be able to enter an individual's home without a search warrant. Section 2 of the Bill does not set that out in concrete legal terms so this amendment would ensure that a person's right to due process is upheld.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2020-09-10/debate/main
Retrieved: 2026-08-14T04:48:32+00:00
Sitting date: 2020-09-10