Brian Hayes (Fine Gael)

Yes. The Minister has taken the body of Senator O'Toole's Bill and incorporated it into his Bill. There is nothing so maddening for the public as to see a case not go to court or be thrown out of court because of some defect in the process by which the Garda has exercised a warrant. Without making reference to any celebrated case being examined by the Oireachtas, it very much depends, as Senator Jim Walsh pointed out, on the individual judge.

There is much merit in Senator Cummins's proposal that some independent voice be brought to bear in regard to the execution of warrants. While there is clearly a responsibility on us to ensure that the legislation is correct, there is also a role for some independent person who would, from time to time, report on these matters to the Minister or the Government. Warrants are crucial in terms of the first principles of bringing cases before the courts. Where mistakes are made, it is a huge price to be paid by the public and the victims of crime that the perpetrators should evade justice on technicalities. There is particular merit in Senator Cummins's call for independent oversight in this area.