TV inspectors, right to enter your home?

Odysseus

Hi all,

It's my first time to post here, this topic of conversation came up with some friends the other night. Basically I was under the opinion that TV licence inspectors had the right to enter your property/home to see if you had a TV in your house, if you declined their request to enter.

However, some friends where of the opinion that they possessed no such right, that the only way they could enter your house was with a search warrant, if you declined their request to "have a look around".

Apologies if I'm in the wrong froum, but I have read the various FAQ etc. Thanks for any replies in advance.

BrianD

There's a lengthy discussion on this elsewhere. The Broadcasting Act 2009 states:

"146 (3) An officer of an issuing agent may enter at any reasonable time any premises or specified place for the purposes of ascertaining whether there is a television set there and a television licence is for the time being in force in respect of the premises or specified place authorising the keeping of a television set at the premises or specified place."

So they can without a warrant.

juan.kerr

So they don't need your permission to enter or be invited in?

Ken.

There was a long discussion on this here http://www.boards.ie/vbulletin/showthread.php?t=2056467654&page=2

Odysseus

Cheers guys, thanks for clearing that up.

MagicSean

BrianD wrote: »

There's a lengthy discussion on this elsewhere. The Broadcasting Act 2009 states:

"146 (3) An officer of an issuing agent may enter at any reasonable time any premises or specified place for the purposes of ascertaining whether there is a television set there and a television licence is for the time being in force in respect of the premises or specified place authorising the keeping of a television set at the premises or specified place."

So they can without a warrant.

the definition of a premises under that act does not specifically say dwelling.

premises ” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;

I would not be letting them in. It would be ridiculous for a person to be able to breach your constitutional rights for a tv licence when Gardaí need a warrant to investigate murders and robberies.

martomcg

^^+1

Its ridiculous to think they have powers that are essentially above the law. I definately wouuldnt be letting them in. TBH we pay a TV licence so gimps like Tubridy and Pat Kenny can earn stupid amounts of money and the quality of Irish programming is poor to say the least.

If I was a home owner I most definately would not be purchasing one and would be telling an Inspector where to go if he/she demands entry!

BrianD

MagicSean wrote: »

the definition of a premises under that act does not specifically say dwelling.

premises ” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;

I would not be letting them in. It would be ridiculous for a person to be able to breach your constitutional rights for a tv licence when Gardaí need a warrant to investigate murders and robberies.

I would have thought that your home is categorically defined in the act. No doubt there. Hardly a breach of your constitutional rights!! More of a nuisance I would have thought.

Having said that, it doesn't appear to give them a right to demand entry or force your their way in. It's immaterial anyway, if you don't admit them they'll just send you a self declaration form.

martomcg wrote:

Its ridiculous to think they have powers that are essentially above the law.

they don't have powers above the law, just what's written in the law as per previous post.

dermot_sheehan

The Broadcasting Act 2009 appears to give them a right to enter your home since the definition of premises in the act includes a dwelling.

Whether that section would with stand a constitutional challenge since it gives a broad power of entry that does not appear to be proportionate to the infringement of your constitutional rights is uncertain.

The provision does not however allow a forced entry with the use of reasonable force that a search warrant would allow under section 8 of the Broadcasting Act 2009.

The other main statutory provision that allows entry to a dwelling is section 6 of the Criminal Law Act 1997:
http://www.irishstatutebook.ie/1997/en/act/pub/0014/sec0006.html#sec6

Which is clear that entry can be effected with reasonable force.

It appears that the agents of An Post have a right of entry, that may or may not withstand constitutional challenge, but don't have the right to use force to effect an entry unless a search warrant is obtained under section 8.

Fuinseog

Odysseus wrote: »

Hi all,

It's my first time to post here, this topic of conversation came up with some friends the other night. Basically I was under the opinion that TV licence inspectors had the right to enter your property/home to see if you had a TV in your house, if you declined their request to enter.

However, some friends where of the opinion that they possessed no such right, that the only way they could enter your house was with a search warrant, if you declined their request to "have a look around".

Apologies if I'm in the wrong froum, but I have read the various FAQ etc. Thanks for any replies in advance.

they will not enter your home, but know if your TV is not registered.
if you do no pay TV licence how is little ryan tubridy to get his exorbitant salary?

ResearchWill

MagicSean wrote: »

the definition of a premises under that act does not specifically say dwelling.

premises ” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;

I would not be letting them in. It would be ridiculous for a person to be able to breach your constitutional rights for a tv licence when Gardaí need a warrant to investigate murders and robberies.

It's always good to quote the constitution in these case Article 40 5 "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law."

See the important in accordance with law,, there are a number of pieces of legislation allowing the entry to a house or it's curtigalage.

An example section 39 RTA 1994 "39.—(1) A member of the Garda Síochána may for the purpose of arresting a person under section 106 (3A) (inserted by this Act) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be and, in case the place is a dwelling, the member shall not so enter unless he or another such member has observed the person enter the dwelling concerned.

(2) A member of the Garda Síochána may for the purpose of arresting a person under section 49 (8) or 50 (10) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be.

(3) A member of the Garda Síochána may, for the purpose of making a requirement of a person under subsection (1) of section 15 , enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him to be.

(4) A designated doctor may, for the purpose of taking from a person a specimen of his blood or being provided by a person with a specimen of his urine under subsection (1) of section 15 , enter any hospital where the person is or where the doctor is informed by a member of the Garda Síochána that the person is."

If you believe that any of the above are unconstitutional, then bring A JR if and when they try to enter.

MagicSean

ResearchWill wrote: »

It's always good to quote the constitution in these case Article 40 5 "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law."

See the important in accordance with law,, there are a number of pieces of legislation allowing the entry to a house or it's curtigalage.

An example section 39 RTA 1994 "39.—(1) A member of the Garda Síochána may for the purpose of arresting a person under section 106 (3A) (inserted by this Act) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be and, in case the place is a dwelling, the member shall not so enter unless he or another such member has observed the person enter the dwelling concerned.

(2) A member of the Garda Síochána may for the purpose of arresting a person under section 49 (8) or 50 (10) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be.

(3) A member of the Garda Síochána may, for the purpose of making a requirement of a person under subsection (1) of section 15 , enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him to be.

(4) A designated doctor may, for the purpose of taking from a person a specimen of his blood or being provided by a person with a specimen of his urine under subsection (1) of section 15 , enter any hospital where the person is or where the doctor is informed by a member of the Garda Síochána that the person is."

If you believe that any of the above are unconstitutional, then bring A JR if and when they try to enter.

Only one of those pieces of legislation allows entry of a dwelling and that is for the purpose of making an arrest and is similar to the powers of entry for the purpose of an arrest for an arrestable offence. The broadcasting act does not mention a dwelling but makes reference instead to a "structure". Even if it did mention a dwelling, the power of entry to look for a tv is a completely disproportional power when you consider the crime committed and would never survive a constitutional challenge.

ResearchWill

MagicSean wrote: »

Only one of those pieces of legislation allows entry of a dwelling and that is for the purpose of making an arrest and is similar to the powers of entry for the purpose of an arrest for an arrestable offence. The broadcasting act does not mention a dwelling but makes reference instead to a "structure". Even if it did mention a dwelling, the power of entry to look for a tv is a completely disproportional power when you consider the crime committed and would never survive a constitutional challenge.

I would agree, except the def does mention dwelling if I remember correctly. But in any case the power is only to enter. Unlike the RTA the power is to enter with force if required.

I wonder what would happen if a inspector after requesting entry, was refused. A plain text reading of the legislation does not seemto give any further power to use force.

tango alpha

just throw eggs at them when they call.. works for me

MagicSean

ResearchWill wrote: »

I would agree, except the def does mention dwelling if I remember correctly. But in any case the power is only to enter. Unlike the RTA the power is to enter with force if required.

I wonder what would happen if a inspector after requesting entry, was refused. A plain text reading of the legislation does not seemto give any further power to use force.

The definition is in post #6

cofy

I am probably wrong here (more than likely I am please correct me) but by the 1996 ammendments to the occupiers liability law - would the TV licence inspector not be invited through implication - the TV aerial.

ResearchWill

MagicSean wrote: »

The definition is in post #6

Yes and the important bit highlighted,

"premises ” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;"

MagicSean

ResearchWill wrote: »

Yes and the important bit highlighted,

"premises ” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;"

I think that is referring to flats or bedsits.

ResearchWill

MagicSean wrote: »

I think that is referring to flats or bedsits.

And as the definition also states any structure, I would think it would not include flats or bedsits and not any other type of dwelling.

Alpha99

I felt compelled to send a letter of complaint to An Post when I told the TV licence inspector he was trespassing and to get off my property and when he totally ignored me... So, the reply letter made reference to the TV licence inspector's powers under section 146 (3) of the Broadcasting Act 2009.

Pat Mustard

There is a much more recent thread on this subject which is very informative. If you use the search function, you should be able to find it.