Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 48:

In page 68, to delete lines 22 to 33 and substitute the following:

"(8) If, on the application, the judge is satisfied that this section applies to the request and it appears to him or her that there are reasonable grounds for believing that entry to any place is necessary for the purposes of complying with it, the judge may issue a warrant for the search of the place and any persons found there.".

The amendments apply to sections 73 and 74 and have been introduced following concerns raised by the Garda Síochána in recent times. Section 73 allows for the issuing of a search warrant and replaces section 55 of the Criminal Justice Act 1994. However, under subsection 8, the applicant, being a member of the Garda Síochána not below the rank of inspector, is required to satisfy the judge that the occupier of the place which would be the subject of the search has not consented to the entry or is unlikely to consent and that seeking consent would seriously prejudice compliance with the request. This process places an unrealistic burden on an applicant and it is proposed that the text be deleted to read simply that the judge should be satisfied with the request and that there are reasonable grounds that entry is necessary and on that basis a judge may issue a warrant for the search of the place and any persons found there. This is the change proposed by amendment No. 48. It involves the deletion of words. Finally the requirement relating to consent does not arise in similar domestic law, nor is there comparable provision in the 1994 Act.

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