Averil Power (Fianna Fail)

I welcome the Minister to the House to discuss this Bill. Given the nature and public importance of the cases involved, I assure him that Fianna Fáil will co-operate in bringing it through the House before the summer recess. We fully understand the importance of providing certainty in this area. It is important that gardaí are given the powers they require to counter terrorism and firearms offences in particular and to ensure people are brought to justice. I know that is a sentiment all Members will share.

I hope the Bill receives all-party support. I say this in the knowledge that Sinn Féin has consistently opposed the Special Criminal Court and the use of section 39 of the Offences against the State Act. Although Fine Gael and the Labour Party in Government back the Bill, they have taken very different positions on previous legislation, such as the Criminal Justice (Amendment) Act 2009, which extended the use of the Special Criminal Court to gangland crimes in exceptional circumstances and which my party regarded as an essential measure in the aftermath of a trial in Limerick. Evidence from that case is that it is within the scope of terrorists and criminal gangs to intimidate juries and ensure defendants are able to evade justice. Our support for the Bill is consistent with our general support for the need to give the Garda Síochána and prosecuting authorities in the State, the DPP, the powers they need to ensure people are brought to justice, particularly those associated with terrorism, firearms offences and drug trafficking.

In all these matters, it is important there is a proper balance and the Minister outlined the balance in the Bill in his opening address. Conflicting interests are at play in respect of the common good, public interest, ensuring people are prosecuted and that the Garda Síochána can obtain evidence, particularly in a matter of urgency where it could be destroyed. Regardless of the offence someone is suspected of committing, everyone is entitled to constitutional justice and to have rights protected. In the context of this Bill, the protection in the Constitution regarding the inviolability of the dwelling is a key consideration. When talking about any restriction of rights, it is important the balance achieved is proportionate. Rights should be impaired as little as possible and the objective should justify the means. We are satisfied the Bill achieves that, which is why we support it. The Damache case highlights two considerations, one being urgency and the need for the Garda Síochána to act when there is a risk of the destruction of evidence. A garda may be outside a house at 3 a.m. and may have reason to believe there are firearms inside the house and that, if he or she waits three or four hours for a warrant from a District Court judge, the evidence will be destroyed in the meantime. It is important gardaí have the ability to act if, in exceptional circumstances, they cannot get a warrant from a judge. The Damache case highlights how the previous legislation did not achieve the appropriate balance in respect of independence. In making sure an independent judgment is made on the exceptional nature of the circumstances and that urgency exists, it is important a judgment is made by a superintendent who is not part of the investigation. I welcome the fact that the legislation will address this point.

The Minister went through the scope of the Bill in his opening remarks. The Bill is restrictive and, if the Garda gets a warrant on this basis, the period of time in which it must be used will be much shorter, 48 hours compared with a week for a warrant from a judge. That is appropriate. A period of 48 hours is more consistent with an urgent need than one week. The Garda must be satisfied, on reasonable grounds, that it would be impractical to make an application to a judge and that there is an urgent need to enter the premises immediately. There must be genuine and real risk associated with not doing so.

Fianna Fáil supports the Bill, understands the urgency and hopes for all-party support. It is important the message goes out from the Seanad that Members of all parties stand united in tackling the types of crimes listed in the Offences against the State Act. The 2009 Act was directed at tackling gangland crime. Fianna Fáil will support the Bill passing all Stages as soon as possible. I share the concern of the Minister at the cases that may be affected by the weakness in the previous legislation. I hope the effect will be limited and that courts will find sensible policy grounds for decisions on those cases. We have an opportunity to make sure the system is right and we will co-operate in doing so as soon as possible.