James Breen (Clare, Independent)

This Bill has been in preparation for two years before coming before the House. Now it comes before us complete with almost 300 amendments. While some of these are long overdue and welcome, it is foolish to think that this Bill is going to change our society when the practical implementation of so many parts of the Bill will be almost impossible.

The Bill will enlarge the grey area between the powers of the Garda Síochána to police our society effectively and the rights of the individual to enjoy the full extent of his or her rights and freedom in society. Another likely achievement of the Bill will be to tie up our court system in challenges to any aspect of the Bill which might be considered an infringement of an individual's human rights. As I said, I strongly welcome parts of the Bill, most notably the criminalisation of an assault on or threatening to assault medical personnel. Does anyone in this House believe the Department of Justice, Equality and Law Reform will run detention centres for children at a time when our prisons are in chaos and the Garda Síochána is close to open revolt?

In the recent past we have seen major faults in the acquisition and execution of search warrants, the case of Judge Brian Curtin being an example. To hand over the granting of search warrants to ranks within the Garda Síochána at a time when we have more District Court judges than ever is foolish. Even to consider granting such powers at a time when damning revelations of abuse of existing power are disclosed daily at the Morris tribunal merely damages the trust the public has in the Legislature and the Garda Síochána. Safeguards must be put in place to ensure that those entitled to grant warrants have no involvement in the investigation requiring the warrant.

We can expect our courts to be fully occupied with challenges to the issuing of search warrants, extensions of periods of detention, the taking of bodily samples and photographs, the use of necessary force to acquire those samples and the admission of witness statements in court in the absence or denial of the witness. At a time when people are dismayed at the length of time a case takes to get to court, this Bill will ensure this delay is lengthened. It will replace the Road Traffic Acts as the most challenged legislation in the courts.

Common sense should prevail and instead of rushing this Bill and its long tailcoat of amendments through the House, proper consultation should be held with all relevant bodies to ensure a better and complete Bill passes before the House. I witnessed the Minister stating no garda would be left behind a desk in the lifetime of this Government. He has removed very few of them and replaced very few with civilian personnel.

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