Jonathan O'Brien (Cork North Central, Sinn Fein)

I share the Minister's sense of concern and urgency in terms of getting the Bill through the House. I assure the Minister that we will do everything within our remit to facilitate it. I do not intend to go into the background of why we are here because the Minister has outlined the reasons in his opening remarks, especially in respect of section 29 of the Offences against the State Act 1939 and the reasoning behind the decision, which found the section to be unconstitutional. We should hold a discussion at some stage on the knock-on effects of that ruling.

I fully understand that it is up to the Director of Public Prosecutions to review cases which may or may not go to trial. Several relevant cases have collapsed and associated decisions have been appealed. I call on the Minister to provide some clarity for the Opposition spokespersons. If he cannot do this during his wrap-up, then perhaps he will do it in a briefing setting and provide us with some details on the number of trials that this could possibly impact upon. That is important.

Last week, I raised a matter relating to the Anglo Irish Bank investigation. I have no wish to muddy the waters but it is important to have some clarity because much of the evidence in that investigation was obtained on the back of search warrants. This is something of which we should be aware and I imagine the Minister and the DPP will be examining those cases.

How did we get here? I know from reading the transcripts of the Seanad that the Minister referred to the Morris tribunal and some of the associated findings. I agree completely that Mr. Justice Morris did not state that this particular provision was unconstitutional. He was unable to make that statement given the setting in which he found himself. He raised certain concerns and I question whether those concerns have been adequately addressed. I know from reading the transcripts of the debate in the Seanad that the Minister touched on what unfolded in the case of a former Minister with responsibility for justice following consultation with the Garda Commissioner, who took the view that the provisions was satisfactory as it stood.

The Minister referred to the Law Reform Commission. We now know that the section has been found to be unconstitutional. Whether in a tribunal setting or a criminal investigation, when a judge makes such a comment, we should at least investigate it. I call on the Minister to confirm in his wrap-up whether the Attorney General was consulted at the time on the back of those comments made during the Morris tribunal.

We welcome some of the provisions. They bring some clarity to the situation and this is important. Subsection (2) deals with the issuing of search warrants by District Court judges, and this is welcome. This is the way we should do our business. Deputy Calleary suggested we should strive for a situation where all search warrants are issued in this manner. I realise that is not possible at the moment because in certain cases there is an urgent and immediate need to issue a search warrant. The Minister has tried to address some of the associated issues in the Bill. In particular, subsection (4) puts in place a two-part test which stipulates that only an officer of the rank of superintendent or higher can issue a warrant and he must be independent of the investigation. All of this is welcome and we are reaching a point where we are striking the right balance between giving the Garda the necessary tools and powers to carry out investigations and respecting the rights of citizens.

The Minister is well aware of my views and those of my party on the Offences against the State Act. These have not changed, nor will they. I recognise, however, that the Garda must carry out the tasks we have set it, that it must have the necessary tools to do so and that search warrants are a necessary part of that process. For this reason, we will support the Bill as it goes through the House. We believe some of the safeguards that have been put in place, limited though they are, improve the situation. They bring clarity and put in place an independent process in respect of the issuing of search warrants. We could go further, and that is something we can consider, not in the context of this Bill but perhaps further down the line. Deputy Calleary touched on some of the possible solutions, including electronic signatures. One must question whether these will be possible or whether such a change would of itself be deemed unconstitutional. I am unsure of the answer, but perhaps that is a conversation for another day.

Following examination of the Bill, we are satisfied that while safeguards exist and improvements have been made, there is room for further improvement. We are also aware, however, that there is a need to resource the Garda not only in terms of giving it the powers for search warrants but to provide adequate resourcing across all levels. This is an important part of the investigative process, and therefore we will be supporting it.

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