Ivana Bacik (Independent)

I apologise for trespassing again. I wish to make one specific point to the Minister of State that I raised on Second Stage. I mentioned we already have powers to issue search warrants and have provided for superior officers in certain legislation, in respect of urgent circumstances, and so on. It is interesting that in 2006 the Criminal Justice Bill, as it then was, in what I believe was its original 2004 format, sought in its section 5 to extend a general power to Garda superintendents to issue search warrants in respect of all arrestable offences. There was a good deal of outcry about extending that general power, not only in the context of specific offences such as drug trafficking or offences against the State, but, as this Bill would do, to all arrestable offences.

Regarding section 5, I checked extensively through the Dáil debates and, as far as I can see, this provision was withdrawn by the Minister on Report Stage in 2006. The final version of the Criminal Justice Act 2006 does not allow for the issuing by Garda superintendents of search warrants. I am concerned that in that context perhaps we are giving too much power to Garda superintendents in this legislation. There is not only the power to have surveillance going on, about which arguments have been made in respect of breach of the right to privacy, but also the power to authorise entry to homes, which particularly concerns me. "Place" in the Bill includes a dwelling and thereby allows the power to authorise entry to people's homes in order to place or withdraw tracking or surveillance devices. That is an extremely powerful weapon, as one might term it, in the armoury of State investigation of potential offences. I urge that we be cautious and ensure there are sufficient safeguards in place and that the inviolability of citizens' dwellings will not be unduly breached, particularly under sections 7 and 8 where no judicial authorisation is required. This is also Senator Regan's concern, in that superintendents should not have too broad a power where there is no judicial authorisation. In light of the withdrawal by a former Minister of the proposed section 5 of what is now the Criminal Justice Act 2006, why is such a broad power for superintendents included in this Bill?