John Halligan (Waterford, Independent)

The Supreme Court challenge to the controversial section 29 warrant by Mr. Ali Charaf Damache called for swift action. I commend the Minister and his Department on providing such a speedy response to tidy up this legislative area. I have always felt that independence and transparency are essential to the integrity of the criminal justice system, and we would do victims of crime a grave injustice by delaying legislation that would prevent a major criminal from walking free because of unconstitutionally obtained evidence based on a warrant issued. The Supreme Court decision would also suggest a preference for search warrants to be judicially issued in future, or in some instances by a garda not personally involved in the investigation, rather than them being issued by any garda above a certain rank.

I welcome the fact the Bill is restrictive in stating that a warrant obtained in an urgent situation must be used within 48 hours. That is important within our justice system. I also believe a member of the Judiciary can ask the right questions to keep the legal procedures and grounds for search within the scope of the law, and so prevent cases falling apart later at public expense and to the detriment of an individual or the State.

The Garda Síochána must be in a position to take action to protect the public if circumstances of public safety arise. An example would be suspected offences involving firearms or explosives. The increasing number of people involved in the drugs trade is a serious concern and it is crucial that Garda investigations are not hampered by the inability to act in urgent circumstances to maintain safety and promote law and order. However, I and many others would say that it is equally important that the Garda Síochána has the necessary resources to go about this duty. Rank and file members have told me that cuts, including the €79 million depletion from this year's budget, are making it an uphill battle to enforce ordinary criminal justice. My constituency and many others are experiencing a significant increase in the rates of burglary. Many people feel at risk in their homes. I certainly agree with putting legislation in place that makes life more difficult for criminals, along with proper safeguards for innocent individuals. However, such legislation would be weakened if we did not also put similar resources into the Garda Síochána and its various divisions that deal with different crimes. For example, community gardaí and gardaí in special units feel they are under immense pressure to do jobs they were not put there to do in the first place.

In the current economic situation, money is short. However, the significant increase in burglaries throughout the State cannot be denied, especially if one speaks to gardaí and TDs, and much of this has to do with resources not being given to the Garda. I am obliged to say this even though the Minister may have made a decision on what resources will be available to the Garda now and in the future. I urge him and his Cabinet colleagues to proceed with signing off on and filling the substantial number of senior garda positions which are unoccupied at present. Many senior gardaí are now doing the work that two or even three officers would have done a couple of years ago, although they may not admit it.

I back this legislation and have no problem with it. None the less, however well-intentioned it is, it will do nothing to alleviate the shortage of manpower. I urge the Minister to talk to community groups and community gardaí in the coming years. When I was mayor of Waterford some years ago, I held a mayoral reception for community gardaí, who I felt were doing wonderful work. The Garda Commissioner came from Dublin to attend that reception and he acknowledged the work the community gardaí were doing. He noted frankly and in a forthright manner that the way forward in helping the community and having the community work with gardaí was to have more community gardaí on the beat and on the streets. If one looks at the position in other countries, such as in areas of London in the UK where there are huge problems with crime, they have spent huge resources on community policing in recent years.

When in opposition, the Minister spoke very forcefully on this issue, and rightly so. If one speaks to gardaí, including superintendents, and I have spoken to the former Garda Commissioner, with whom I addressed a meeting in Waterford, they have always believed one of the ways forward in dealing with crime was to put more faith in community gardaí and provide them with more resources. We would then have some hope of dealing with the increase in crime.

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