John Paul Phelan (Carlow-Kilkenny, Fine Gael)

I have a few brief comments to make on this Bill, which, as the previous speakers have noted, is a small item of legislation to deal with a situation that has arisen following a recent Supreme Court judgment. I commend the Minister and his officials on acting swiftly on foot of that decision. I also agree with previous speakers with regard to my own interaction with members of the Garda Síochána in my constituency and the job they do, and I express my full support for their efforts.

It is worth pointing out that after the power of arrest and detention, the power to search someone's home, dwelling, premises or property probably is the most significant power one can give to one's police force. Consequently, it is worth examining in detail what this legislation proposes because, ultimately, it could have a highly significant impact on people's constitutional rights. Article 40.5 of the Constitution is quite clear about the inviolability of the dwelling, save in accordance with law. Recently, the Supreme Court in its judgment decided that section 29(1) of the Offences against the State Act 1939 contradicted Article 40.5 of the Constitution and the importance of the inviolability of the home.

I support fully this legislation because the Minister has struck the right balance between the necessity to protect people's right to privacy and their own home and the necessity to give the Garda the correct powers to enforce the law. The legislation is quite clear in that it now makes it necessary in all cases, except in exceptional cases, for the Garda to have a warrant issued by a District Court judge. The exception is provided in a case where urgency is a matter of priority. It is appropriate that in cases in which it might be difficult to get a District Court judge and in which destruction of evidence or people's property is possible or people's lives or health are potentially at risk, an officer of superintendent rank or above who is not involved in the investigation would be given the authority to issue a search warrant.

As for the judgment from which this legislation comes, namely, Ali Charaf Damache v. the Director of Public Prosecutions, Ireland and the Attorney General, it is important to note the gardaí concerned did nothing wrong. They acted in accordance with the law as laid down in 1939 but the Supreme Court, on foot of a challenge, decided the aforementioned legislation was repugnant to the Constitution. I support the Minister fully in what he proposes to do in this regard, which comprises a small but significant change in how search warrants will be granted in the future. The requirement that a District Court judge will issue the warrant, save in exceptional circumstances, is a further protection of people's constitutional rights.

I commend the Minister. In my ten years in the Oireachtas, including one year in this House, I find the Minister for Justice and Equality tends to be the busiest Minister from a legislative point of view. This Minister has been no exception; in fact, he has probably been busier than a number of his predecessors. I commend him for a recent report on the issue of cash for gold which he referred to the justice committee. The committee will have to look at that. From my contact with members of the Garda Síochána in my community, I have been asked by them to raise the issue of moneylending and the laws which surround it. There is a sense among many members of the force that the legislation is not sufficiently strong and that maybe it should be examined in the near future.

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