Finian McGrath (Dublin North Central, Independent)

I thank the Ceann Comhairle for the opportunity to speak in respect of this new legislation and for allowing me to share time with Deputy Mattie McGrath. I welcome the debate because it affords me an opportunity to examine in-depth justice issues, warrants and the whole system. Many of our citizens have been let down by the system, and this is something we must accept as part of the debate. How can we refer to a system of justice when people are swanning around after murdering a beautiful daughter and her mother and when whole communities are intimidated or threatened each night by drugs gangs and no one seems to care about it? This is the reality which I wish to highlight while the Minister is in the House, and I will develop these points. It is important these things are said because many people are hurting because of a lack of fairness and justice in the justice system. This is linked to the debate. Many people are intimidated and attacked. Many people throughout the city are afraid to go to the Garda because of widespread intimidation. Often they are left on their own, and this is something we must address as well. Many people believe the whole system has let them down. I am one of these people and this is why I raise the matter now.

The primary purpose of the Bill is to restore in updated form the search warrant provision in section 29 of the Offences against the State Act 1939. This was struck down by the Supreme Court in its judgment in the case of Ali Charaf Damache v. DPP, Ireland and the Attorney General. The Bill also amends the provision in the Criminal Justice (Drug Trafficking) Act 1996 relating to the issue of search warrants under section 26 of the Misuse of Drugs Act 1977. We must deal with the Supreme Court decision but we must also deal with the drug trafficking issue as well.

The problems have ruined our society and our country but there is another aspect to this as well. One issue rarely raised in the debate is the fact that drug dealers make money because there is a market for drugs, and it is important to address this issue. Many of those in the market come from affluent families, or they are people who have money in their pockets and can afford to buy drugs and treat them as a social outlet. This is not acceptable and it should never be tolerated because it is ruining the country, our youth and our nation. It is important to bear this in mind when we are discussing this legislation, especially the section relating to the Criminal Justice (Drug Trafficking) Act 1996.

Section 1 substitutes section 29 of the Offences against the State Act 1939 with a new section 29. Subsection (1) identifies the offences to which section 29 applies. These include an offence under the 1939 Act or the Criminal Law Act 1976; an offence that is a scheduled offence for the purposes of Part V of the 1939 Act, that is to say, offences that may be tried before the Special Criminal Court; treason; and the related offences of attempting, conspiring or inciting. We should consider the whole history of the Special Criminal Court as well. Sadly, during the conflict in the North, there were occasions on which power and authority were abused by certain sections of society and certain gardaí. This is a reality we must face. At all times, we must be conscious of civil liberties and human rights, bearing in mind that we must protect the State and citizen. We must always be vigilant in this regard. Even if only a minority of cases collapse, it is not good enough or acceptable that we turn our backs on them and walk away from the miscarriages of justice.

Subsection (2) provides that a District Court judge may issue a warrant for the search of a place. To do so, the judge must be satisfied by information on oath from a member of the Garda Síochána of sergeant rank or above that there are reasonable grounds for suspecting that evidence of or relating to the commission of an offence to which the section applies is to be found in that place. Trust is another issue. As one who knows many gardaí and who has had family members who served in the force, I realise trust is a key issue for the public. One does not demand respect from a country or society; one earns it. Any good police officer on the beat will tell one that. I worked with many of them in the north inner city for more than 25 years and learned that the good gardaí were the ones who earned the respect of their community. The good men and women in the drug squad earned the respect of the community, and by God did they benefit from it. It is a question of public service and trust. Trust is the issue when dealing with a member of An Garda Síochána of sergeant rank or above. The power being given to officers is important but they must act in the interest of good public service and citizens.

Subsection (3) empowers a member of the Garda Síochána of superintendent rank or above to issue a search warrant under the section to a sergeant or a garda of higher rank. This power is qualified by subsections (4) and (5). Subsection (4) provides that a superintendent may issue a warrant under this section only if he or she is satisfied that the warrant is necessary for the proper investigation of an offence. It is important that the investigation be proper. We want quality policemen who do their job in a professional manner.

It is important that we protect and look after our police forces. In recent days, a young man, Mr. Peadar Heffron, a member of the PSNI, did not receive compensation. This is appalling and is suggestive of not looking after one's police force. We have seen the radical changes on this island, including those under the PSNI, yet Mr. Heffron, who was seriously injured and lost a leg, was told he will not be compensated because he was on his way to work when the tragedy occurred. What utter rubbish. What a lack of justice in a police system.

This matter should be placed on the table at the intergovernmental talks on the North. One cannot have circumstances in which people are ignored and not given guaranteed protection if they are serving the community. The same applies to the Garda Síochána. Many young gardaí have lost their lives. Over the past two to three years, many young men and women either lost their lives or were injured. We must put guarantees in place and this should be raised in the debate on this legislation.

Subsection (6) concerns the information to be set out in the warrant and the actions that may be carried out pursuant to the warrant. The actions are those of entry, search, of both the place and any person found there, and seizure of anything found at the place or in the possession of a person present at the place. The seizure power relates to items that the member of the Garda Síochána or Defence Forces reasonably believes to be evidence of or related to the commission of an offence to which the section applies. The right to enter is subject to the obligation to produce the warrant or a copy of it, if requested. The entry may be achieved by use of reasonable force, if necessary. This is an important subsection because, at times, gardaí must enter people's homes. In some homes, the residents may be innocent. There may be one guilty person living there but there may also be innocents, including children. This is why subsection (6) is important. Warrants must be produced and clearly visible for all those concerned.

Subsection (9) creates a summary offence. It provides that a person who obstructs or attempts to obstruct a member acting under the authority of a warrant, fails to comply with a requirement to provide their name and address when requested, or gives a false or misleading name or address commits an offence. The maximum penalties on conviction are a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months. I welcome this subsection because one must have strong, tough legislation, but it must also be balanced.

Subsection (10) provides that the power to issue a warrant under the section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person. This is important legislation.

The stated purpose of the Bill refers to the drugs issue. There have been major successes. I welcome the recent discovery of a huge amount of cocaine. However, this shows the huge market that exists and that entire communities are suffering.

In addition to dealing with the serious issues, including violent crime, we must constantly think of the human aspect. The recent tragic murder of the journalist, Eugene Moloney, is a classic case. There is no real outrage at all. While we were all shocked and horrified, are we now accepting that people coming home from their local pub after having a pint can be assaulted or killed on the streets? There is no major outrage. I pay tribute to Mr. Eugene Moloney on his excellent work. I knew him very well. He was very involved in the Galway Arts Festival for many years. Many people had great respect for him as a journalist and human being. I express my sympathy to his family.

We must ensure the Criminal Assets Bureau is developed constantly and is used in the interest of people. I want to see the money confiscated from criminals used in the most disadvantaged communities that deserve a break. It is in these areas that the assets of crime should be invested.

A number of Deputies raised the resource issue, along with the warrants issue. This is important because we are living in difficult times. However, we must ensure quality policing in addition to dealing with the broader resource issue. Appropriate funding should be made available.

Section 4 provides that the Act will commence on the day following its passing, that is, the day following its signature by the President. The proposed legislation will not result in any significant cost to the Exchequer.

I welcome the legislation and will support it. It is important we have a justice system that respects citizens and is effective. We need a Garda Síochána that is very professional and has the old-fashioned ethos of public service and the support of the local communities. As I stated, one must earn respect in any society. Those involved in policing have a very important role to play.

See this speech in context