Michael McDowell (Dublin South East, Progressive Democrats)

Under the section as it stands, a garda may, on foot of a search warrant, enter the place named in the warrant at any time or times within one week after the date of issue of the warrant on production, if so requested, of the warrant and, if necessary, by use of reasonable force. Warrants are normally issued for one week. This amendment, in the name of Deputy Jim O'Keeffe, proposes to include the words "or the time limit specified on the warrant". This is similar to Deputy O'Keeffe's amendment No. 24 which we have already discussed. As I said in reply to that amendment, I indicated on Committee Stage that I would consider further the issue of endorsing the warrant with the time and date of its expiration.

Having considered the matter, I am now advised this is a matter that would be more appropriate for rules of court. The endorsement of a warrant by way of court rules would mean that an error in its endorsement would not prove fatal to the warrant. As I said in reply to amendment No. 24, I will undertake to bring the views of the House on this matter to the attention of the court rules committees and thereby put forward for their consideration the idea that the expiry date of a warrant might be stated on its face.

Amendment No. 170 in my name is a drafting amendment.

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