Brendan Howlin (Wexford, Labour)

I meant to bring a copy of the Shortt judgment with me because I wanted to mention it. Deputy Ardagh is correct, the entire judgment made horrifying reading. Wise and learned opinion was quoted from a former US Supreme Court Associate Justice, Mr. Justice Thurgood Marshall, in giving the Supreme Court's decision in the Shortt case. It gave a clear message to the Legislature, and I suppose to the Judiciary too, not to rely simply on verbal evidence from anybody, no matter how eminent, or to give the supposition that the word of one category of individual, a policeman or policewoman, is always correct and always superior to anybody else's evidence. The Tánaiste is doing that in this Bill. It runs counter to the spirit of the Shortt judgment and the clear warning we got from the Supreme Court on these matters.

I recall that in the last Criminal Justice Bill there was a proposition to give additional powers to the gardaí in the case of search warrants which we removed on foot of the most recent batch of reports from the Morris tribunal because of that issue, that we had to be careful giving authority. This is fundamental. It relates to the liberty of individuals on the word of any individual. We must deal with great care with that matter.

I am obliged to Deputy Ardagh for reminding me. I thought I had a copy of the Supreme Court judgment in my bundle of papers — it is on my desk upstairs — because I certainly wanted to refer to it.

I understand that the Tánaiste is considering amendment No. 28 for Report Stage.

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