What are our rights in Ireland?

fred funk }{

Thought this was an interesting video and would like to know what are our rights with regards health/government officials and the Gardai and members of the public entering our property without permission.

eagle_&_bear

Any rights of stop, search, seizure and entry are all set down in statute under various acts.

So depending on the reason for the stop/search or search/entry will set down what act the gardai or HSE are moving under. In those acts there are certain provisions for those powers and that in turn dictates what can and cant be done.

The area of similarity here is the issue of obtaining a warrant. While we dont have to establish ''just cause'' the gardai can obtain a warrant from either a chief superintendant or from a district court judge (depending on what the legislation says) which involves the gardai giving ''an information'' to the court setting down grounds to believe x,y,z. once the judge is satisfied then the warrant is granted. If anything comes of the search, then if the matter proceeds to criminal charging then your barrister/solicitor will make the relevant challenges if matters present themselves.

Unfortunately you cant overlap american principles into our constitutional rights. Kinda like putting a circular object into a triangular hole. But powers of search/entry/seizure are very well established.

MagicSean

There are also powers of entry under common law. They would be for situations were life is at risk though.

fred funk }{

Thanks guys, After seeing that video I realised that I hadn't much of a clue about my rights as a home owner and when someone has the right to enter my home without my consent.