Brendan Howlin (Wexford, Labour)

I move amendment No. 8:

In page 15, between lines 9 and 10, to insert the following:

5.—(1) Where a person is the subject of an unexecuted warrant for his or her arrest, it shall be lawful notwithstanding anything in the Data Protection Acts 1988 to 2003 for a member of the Garda Síochána to require any data processor (whether in the public or private sector) to communicate with the member any information relevant to the person for the purposes of apprehending the person, or to notify the member or another member when the person interacts with the data processor, or both.

(2) In this section "bench warrant" includes any instrument, warrant or order requiring a person to surrender to a court, prison or member of the Garda Síochána.".

This amendment arises from Committee Stage. I am conscious that, in the timeframe available between Committee and Report Stage, I did not have an opportunity to reshape the amendment. It is really the principle I want included in the Bill. It has been raised with me by several sources that an individual can escape arrest when a legitimate warrant has been issued for him or her, even though the individual is receiving a State benefit which in turn means his or her whereabouts are on a State computer system. For example, an individual could be signing on at the local dole office and be on the social welfare record. Anyone interacting with social welfare records could find his or her whereabouts. Despite this, that information is not automatically available to the Garda Síochána for the execution of a warrant.

I am aware from the Committee Stage debate of the downside and difficulties of such a provision. I detected from the Minister on Committee Stage that he accepted there was a kernel of an idea in the amendment. I had hoped he would have tabled his own Report Stage amendment on this matter.

It will be a cause of concern for people that individuals on the social welfare register for receiving State payments are not amenable to law enforcement when there are legitimate warrants for them for what can be sometimes serious offences. This week I was alerted to two such cases, one in which a serious offence had been committed. An outstanding warrant was not detected in that case. Better joined-up thinking is needed on this matter.

People concern themselves with a Big Brother scenario when computer systems are interrelated. I accept safeguards must be maintained in such matters. However, we can improve law enforcement and tip the balance more firmly on the side of the execution of warrants. The Minister would have strong public support for this provision without trampling on the individual's right to privacy or the intention that underscores the Data Protection Act — that people's private information is their own and information gathered can openly be used for the purpose for which it is gathered. In serious criminal offences, such as robbery, violence, sexual assault and murder, whatever is required to identify those individuals responsible should be at the disposal of the Garda Síochána.

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