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Power of member of Garda Síochána to give direction
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5. The Act of 1947 is amended by the insertion of the following section:
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“31D. (1) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—
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(a) intends to enter a dwelling for the purpose of attending an event organised in contravention of a dwelling event provision,
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(b) is about to enter a dwelling for that purpose, or
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(c) is attempting to enter a dwelling for that purpose,
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the member may direct the person to leave immediately that place and the vicinity thereof in a peaceable and orderly manner.
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(2) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána suspects, with reasonable cause, that an event in contravention of a dwelling event provision is taking place, he or she may direct the occupier to require and cause all persons attending the event (other than persons for the time being residing in the dwelling) to leave immediately the dwelling and the vicinity of the dwelling in a peaceable and orderly manner.
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(3) A member of the Garda Síochána may, for the purposes of the giving of a direction—
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(a) attend at the main entrance of a dwelling, and
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(b) require the occupier to provide the member with his or her name.
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(4) It shall be an offence for any person, without reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.
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(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding one month or both.”.
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