Regina Doherty (Meath East, Fine Gael)

I welcome the opportunity to speak on this short but important Bill. The law on search warrants has developed into a complex and extensive legal process. The Bill will close the legal loophole with regard to search warrants which threatened to wreck prosecutions against dissident republicans and other alleged criminals. The approach to search warrants was developed in the 19th century and formed the basis for the law as it stood on the foundation of the State. Since then, a complex series of Acts and statutory regulations conferring powers of search and seizure has been put in place. The content of these statutory powers has been greatly influenced by the need to ensure they conform to relevant fundamental rights in the Constitution and European Convention on Human Rights.

The legislation has been drafted to give new search powers to gardaí, following the ruling in March of this year that previous search warrants were unconstitutional. Under these new provisions, warrants needed quickly may be granted by a District Court judge or Garda superintendent who is not directly involved in the inquiry. The execution of a search warrant naturally involves an interference with one's privacy, be it the individual's home, workplace, vehicle, documents or otherwise. The right to privacy is not absolute, however. While it exists as a safeguard which may be relied upon to prevent or challenge an undue interference with one's privacy, it will not necessarily prevent all interferences. We must continue to maintain a balance between protection of the State and protection of the individual. It is in the interest of the State to prevent, detect and prosecute criminal offences or ensure adherence to the law.

I applaud the Minister who has moved to address a problem in the law that has led to a number of successful appeals to criminal convictions because search warrants issued during some investigations were found to be unconstitutional. The Supreme Court decision in March rendered unconstitutional section 29(1) of the Offences Against the State Act. The case involved a man who took an appeal against his prosecution, claiming that a Garda superintendent working on the investigation should not have issued a warrant allowing a search of his property. This ruling meant any evidence gathered under such warrants was inadmissible and subsequently derailed prosecutions. Subsequent appeals based on the so-called Damache ruling have been successful in having criminal convictions quashed and have included a County Cork businessman who was convicted of laundering the alleged proceeds of the Northern Bank raid. It was, therefore, essential that the implications of the Supreme Court judgment were addressed as a priority. The Minister is doing so in this Bill.

The striking out of section 29 has potentially significant implications for Garda operations in the event that urgent circumstances arise, for example, in respect of firearms and explosives, and it is not practicable to apply to a District Court judge in the time available. District Court judges usually deal with search warrant applications that apply to the areas to which they are assigned. Under the proposed legislation, section 29 will be replaced with a new measure that will allow District Court judges to issue warrants for neighbouring areas. A judge may issue a warrant from the court or from his or her home if gardaí arrive seeking a warrant urgently. It is planned that senior Garda officers not below the rank of superintendent who are independent of the investigation will have the power to issue a warrant in urgent circumstances where it was not possible to contact a judge immediately.

The scope of the Bill is limited to addressing future Garda investigations. There is no legislative option available to the Minister to address existing cases where section 29 warrants may be at issue. The Bill also amends the search warrant provisions which apply in cases of suspected drug offences and already provide for superintendents to issue warrants in circumstances of urgency where it is impracticable to apply to a District Court judge.

As the impact of this Bill is so evident, it is imperative that it be enacted before the summer recess to restore the search powers available to the Garda Síochána in respect of subversive and other serious crimes. These proposals will ensure the operational requirements of the Garda are met and that all decisions authorising the search of any place, including a dwelling, are taken by a person who is neutral to the investigation. It also is important to note the Minister has stated this Bill is limited to addressing the implications of the Supreme Court judgment.

I ask for Members' co-operation in the passage of this most significant Bill as speedily as possible in order that it may become law before the summer recess and I commend it to the House.

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