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Criminal Law (Home Defence) Bill 2006: Second Stage. (27 Jun 2006)

Brendan Howlin: It is quite clear that one would not find anybody cruder and rougher on all these matters than the Minister for Justice, Equality and Law Reform. One would not have to go further than the Tánaiste to find out just how crude and rough the man can be on these matters. As I said, public safety is an important issue. There is a growing feeling of vulnerability and insecurity across the country....

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: The purpose of the amendment is to ensure that warrants issued by the courts come to something, an issue we debated on Committee Stage. It is a cause of concern that a warrant could be in existence in perpetuity without being acted upon. The amendment proposes introducing a requirement that the Court that issued a warrant be updated on the position and the warrant either discharged or an...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: While I thank the Minister for his worthy suggestion, I am somewhat concerned by his last comment. If the Bench issues a warrant, it should have value and the notion that a garda would be wasting his time in pursuing it——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I am making a different point. The word "smacht" comes to mind in this regard, probably because of our earlier debate as Gaeilge. At any rate, the Bench should show more discipline. We know arrest warrants are issued for failure to pay the television licence fee and so forth. While I am sure these are serious matters, if it was clear that Garda time would be spent attempting to execute a...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I do not have a copy of the Offences Against the State Act, although with this technology I could find it.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I wonder how this relates to my amendment, which is to delete the section. I share Deputy Ó Snodaigh's view and understood that the Minister intended to change tack and modify the situation in which gardaí can issue search warrants in view of the unpublished disclosures in and recommendations of the most recent Morris tribunal report. That is what Deputy Ó Snodaigh seeks to do in amendment...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I understand the principle. If there is a view that it is unsafe not to have judicial oversight of Garda search warrants, that should apply across the system. I agree with Deputy Ó Snodaigh to that extent. We are at a great disadvantage because the Minister has sight of the recommendations from Mr. Justice Morris that we do not have, so he must be more flexible in telling us his thoughts and...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: What is the Minister doing with section 6?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I would like this clarified. We are cross-referencing the Minister's new amendments and the Bill as amended on Committee Stage in the void in that we do not know the specific concerns expressed by Mr. Justice Morris. Is the Minister saying that the amendment he proposes to section 6 will leave only judicial warrants on the Statute Book? Are there any circumstances other than those captured by...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Where are the relevant amendments?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: This is helpful.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I wish to clarify whether it is correct to say that after the Minister's amendments have been inserted only the law as it exists will continue? In other words, this will not create further advance for non-judicial warrants of any kind.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Once again I must ask a question on the blind. Was there an implication in the report from Mr. Justice Morris that would lead the Minister to believe that even the extra-judicial rather than the non-judicial warrants that are current either under the Offences against the State Act or the Criminal Justice (Drug Trafficking) Act should be revisited?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Why does the Minister not do that?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Does the Minister recognise the difficulty in which this places us? The Minister tells us that a most serious tribunal examining the effect of policing recommends that we act but the Minister is not going to act.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: That is very unsatisfactory.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I move amendment No. 16: In page 18, to delete lines 36 to 47, to delete page 19 and in page 20, to delete lines 1 to 47. We have already discussed the content of this amendment inadvertently and I am content in so far as I can be without knowing what exactly is recommended as appropriate in the Minister's strategy. I and Deputy Costello have expressed serious concern at moving beyond the...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: The Minister's studies should be able to help him.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: We are on amendment No. 18.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Yes.

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