Terence Flanagan (Dublin North East, Fine Gael)

I, too, welcome the Criminal Justice (Search Warrants) Bill 2012, which is focused legislation that moves to improve the search warrant system in place. It is vital a clear system is in place to ensure An Garda Síochána is able to conduct its work in a timely, efficient and effective manner. I recognise the importance of the Bill and the speed at which the Minister for Justice and Equality has sought to address the problems with section 29 of the Offences Against the State Act 1939 which came to light in the recent court case, Damache v. the Director of Public Prosecutions in February 2012. The section was deemed to be unconstitutional because it allowed a person who was not independent of an investigation to issue a search warrant for a property. Legislation to deal with this has been brought before the House in a matter of months since the trial and I commend the Minister, Deputy Shatter, in this regard.

It is important this legislation is introduced as a matter of urgency to ensure those who commit crimes are brought to justice and receive the correct conviction. Worryingly, several cases before the courts have been quashed already or withdrawn by the State because search warrants used in the investigations were issued by gardaí who were not independent of the case. This is a shocking situation and particularly worrying for the victims of crime. The public wants to see those involved in crime doing the time when convicted.

Members of the Garda Síochána were able to issue search warrants without the requirement that the issuing garda should be independent of the investigation. The purpose of this Bill is to introduce the necessary changes to law to ensure those issuing search warrants have no active involvement in the case. Once enacted, the legislation will increase the ability and the effectiveness at which the Garda will be able to investigate terrorist activities and other urgent cases such as those involving firearms and drugs. Changes to the current search warrant system will include that applications for a search warrant will have to be made through a District Court judge, except in urgent cases involving firearms and drugs or where any delays could result in the destruction and tampering of evidence. In such cases, the warrant can be issued by a Garda superintendent who is not involved in the investigation.

I am glad there is cross-party support for the Bill. It is clear the legislation must be enacted as soon as possible. I commend the Minister, Deputy Shatter, and his officials on their hard work to ensure this happens. It is balanced legislation which successfully addresses the issues which were brought to light in the Damache case in February this year. Its introduction will only help to strengthen the search warrant system in Ireland.

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