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Justice Minister Jim O’Callaghan said the public transport police would take legislation to come into effect. Alamy Stock Photo

New law needed to give public transport police the powers of arrest

Justice Minister O’Callaghan gave no indication of when public transport police would be officially launched.

MINISTER FOR JUSTICE Jim O’Callaghan has said that a proposed public transport police force must have the powers of arrest in order to be a “functioning and effective force”.

The new minister, who has been a strong voice for the proposal of a dedicated public transport police, stressed that legislation will be required to ensure it has the necessary powers of arrest, which may delay the introduction of the new force for some time.

The push for a dedicated transport security force stems from growing concerns about safety on public transport, especially during late-night travel.

O’Callaghan pointed to reports of passengers feeling unsafe as a key factor behind the move.

“The reason why we want to bring it forward is that there was experience, not just in Dublin but throughout the country, of people finding themselves on public transport and not feeling safe – particularly late in the evening,” he said.

While O’Callaghan did not provide a specific timeline, he emphasised that this initiative is a government priority.

“It will need legislation, so the Department of Justice and the Department of Transport are going to have to work on that together.”

Election pledges from Fianna Fáil and Fine Gael suggest that the new transport police force will be employed by the National Transport Authority and will likely be comprised of “authorised officers” rather than Gardaí.

These officers would have limited powers, similar to those of Airport Police or Customs officers, including the ability to search and seize property, but not the same powers of arrest as Gardaí.

Both Airport Police and Customs Officers are granted certain limited powers to obtain someone’s name and address, as well as powers of search and seizure. In the case of the Airport Police, they act also within bye-laws – but only within the precincts of an Airport.

The scope of the powers granted to the new transport police officers will be a key point of focus as legislation is developed by the Department of Justice.

“Unless they have the powers to arrest, it’s not really a functioning or effective Transport Police,” O’Callaghan said.

Any new power of arrest granted to an agency like the National Transport Authority will require legislation, which will have to pass through the Oireachtas.

In practice, that means it could be several years before the force is operational.

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