The Bill currently being debated in the Dáil states: “A member of the Garda Síochána or an authorised person may, if such member or authorised person has reasonable grounds for suspecting from the activity of any person….to arrest without warrant or to assist in arresting the suspected person”

I realise a garda can get a warrant and go in wherever he wants

It continues that: “A member of the Garda Síochána or an authorised person may…at all reasonable times enter any land (other than a dwelling save with the consent of its occupier) to which the suspicion relates”.

The new powers the bill would grant to authorised officers were highlighted as an issue in the Dáil by Independent TD for Roscommon-east Galway Michael Fitzmaurice.

“I would debate the point in the context of a High Court ruling on private property rights,” Fitzmaurice said.

“I realise a garda can get a warrant and go in wherever he wants, that is understandable. However, I question how valid the provision would be for an authorised officer who is not a garda.”

Up until this point the Bill was welcomed by most farmers as it would introduce a pilot extension period for the hedge-cutting and scrub-burning season.

However, many farmers will be concerned if officers acting on behalf of the Wildlife Act have the right to enter private land and carry out arrests without a warrant.

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Right to enter land and arrest without warrant

The proposed Heritage Bill would grant an “authorised officer” the right to enter land and arrest anyone they suspected of cutting hedges or burning scrub illegally without the need for a warrant.