Colm Burke (Fine Gael)

I welcome the Minister to the House and thank him for a comprehensive presentation on the need for this amending legislation. I welcome the Bill but have one or two observations to make on the question of independence. I note that District Court judges will now be involved in issuing warrants, except in exceptional circumstances.

Following the Morris tribunal's recommendations, the Law Reform Commission referred to the role of peace commissioners, which has almost disappeared in real terms. A superintendent who signs a warrant must be independent of the investigation but I wonder if that provision could be re-examined at some future date. It might be more useful for peace commissioners to deal with this matter rather than leaving it to someone who is working within the same group of people. A superintendent may not be involved in the investigation but is still part of the overall Garda force. Perhaps that could be looked at by the courts at some future date. I am not saying now but perhaps in ten, 15 or 20 years time, a court could say that there is not a clear distinction because the person issuing the warrant is in the same organisation as the person who is executing a search on foot of the warrant. I wonder if that issue can be examined.

It is time that we examined the role of peace commissioners. What is their role? There is a disconnect because Garda stations are not manned 24 hours a day in many rural areas. We should therefore re-examine the role of peace commissioners with a view to expanding it. I know there are other priorities at present, but this matter might be put on the agenda in future.

The Minister referred to the amount of legislation which contains the right to search, and the need to undertake a comprehensive review of that area. Such a proposal is to be welcomed as we need a more comprehensive overview. The Bill before us responds to a Supreme Court decision and is urgently required to ensure that gardaí are not restricted in any way in their work of protecting the citizens of this country.

While I welcome the legislation which has my full support, I would ask the Minister to consider the issues I have raised at some future stage.