Paul Bradford (Fine Gael)

I welcome the Minister to the House and I wish him well in the promotion of this important legislation. I thank the Fianna Fáil spokesperson for her expression of support on behalf of her party.

Since the foundation of the State, 99.99% Garda Síochána activity has always put the preservation and safety of the State and its citizens first. With equal certainty, 100% of subversives and terrorists have put the destruction of the State first. We must reflect upon that balance. In its promotion of law and order, the State does best when it practises law and order. Therefore, where an anomaly is found, it must be corrected. When the Supreme Court finds an item of legislation to be improper, our duty is not just to respond to the Supreme Court but to set up the checks and balances to ensure order prevails.

The most important point the Minister made was that his efforts have been directed to seeking to ensure the Garda Síochána has all the backup it requires to investigate terrorist activity and other serious crimes. That is the aim of the Bill. The Minister goes on to say that the Government has moved swiftly to replace the impugned provision with a constitutionally robust measure to ensure the proper balance is struck between the preservation of security and the constitutional protection afforded to an individual dwelling. In this State more than any other across the globe, we put a ring of steel around a person's private property. Only in extreme circumstances is the ring of steel allowed to be breached. Legislation is now tackling the anomaly or difficulty found by the Supreme Court. I welcome the clarification brought about by the Minister. We welcome the safeguards. We can all be wise in hindsight but it is always preferable for District Court judges to adjudicate on the issuing of a search warrant. That will be the norm under the new legislation. As a previous speaker said, where urgent circumstances apply, such as at 4 a.m. outside a house, and where there is a genuine fear of evidence being disposed of and suspects disappearing, there must be an option for an immediate issuing of a search warrant. Under these provisions, the search warrant will be decided upon by a neutral member of the Garda Síochána, described by the Minister as a parallel officer. That will provide the level of balance and fairness required.

The fact that the State is now more peaceful that it has been over the past 30 or 40 years and that the campaign of anarchy against the State by the Provisional IRA and others has almost disappeared, is welcome. Certain groups such as dissident republicans, as they like to term themselves, bear nothing but ill against the State. There is also an unprecedented number of people involved in the drugs trade. It is not a problem we envisaged in 1939 but it has grown dramatically and is of serious concern to all. While such concerns remain, we must have on our Statute Book the tough provisions required to maintain safety and promote law and order. Alongside those provisions, we must have balance and fairness and we must ensure the provisions are constitutionally sound. That is what the legislation is about and I welcome it. I welcome that the Minister is responding so quickly to the judgment because the first thing the Minister needs in respect of his portfolio and the broader law and order agenda is certainty and clarity. The passing of the Bill will provide these necessary qualities and therefore I welcome the Bill and wish it a speedy passage.