Dáil debates

Thursday, 5 April 2007

Criminal Justice Bill 2007: Report Stage (Resumed).

 

1:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

Like Macbeth, the Minister has seen a dagger before our eyes, but fishermen genuinely think the dagger is being wielded by the Government. Whatever the Tánaiste may say, associating fishermen with gangland criminals in the Bill is not the right way to regulate the fisheries sector. The main points on that issue have been made eloquently by my colleagues, but the Tánaiste might consider a specific point in my amendment concerning search warrants.

As is normal, the measure provides that a judge, on hearing evidence on oath given by a sea fisheries protection officer — one of the many to which I referred — and if satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence to which this section applies is to be found, may issue a warrant. The words "or relating to the commission of an offence" have been drawn to my attention by representatives of the fisheries sector who suggest they could lead to a wide interpretation. In certain circumstances, they could lead to sea fisheries protection officers seeking a warrant on dubious grounds, purely on the basis of suspicion without any evidence. On that basis, the premises of law-abiding, fully compliant fishermen could be subject to searches as a result of a warrant issued by a judge of the District Court. Apart from the general point, which has been eloquently argued, the Minister might consider my specific point now or on Report Stage.

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