Michael McDowell (Dublin South East, Progressive Democrats)

This has been carefully examined. The phrase "without further proof" does not mean that it is unassailable. It simply means that there is no requirement to prove further the origins or authenticity of the evidence, apart from what is provided for in the section.

With regard to amendments Nos. 32 and 33, it is correct that a judge should be satisfied that the section applies to a request from another state for evidence rather than that it should appear to the judge that the request relates to this section. However, a judge cannot be satisfied before issuing a warrant for evidence that a warrant is necessary for entry or that the occupier has not consented or is unlikely to consent to entry. That is not the way things happen.

If a sergeant goes to the District Court and asserts his belief that there is stolen property in Mr. Michael McDowell's house, the judge does not ask if he or she is absolutely sure that Mr. McDowell would not simply open the door and let the sergeant enter the premises and take the property, without a warrant. That is not the way warrant procedures work. It is a power given to courts.

It may well be that I would politely open the door and show the sergeant the stolen property in my house and ask him or her to take it away, but the procedure is that where one secures a warrant, one does not have to satisfy a court that the person in respect of whom it will be executed is not likely to co-operate on a voluntary basis. That is not the basis on which warrant business is done.