Pat Rabbitte (Dublin South West, Labour)
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Question 505: To ask the Minister for Justice, Equality and Law Reform when it is intended to increase the Garda search powers, promised in the Programme for Government, in relation to drug crime along the lines of the new random breath-testing model for drink driving to allow random searches at particular places, times and events where senior Gardaí believe there is a risk of drugs being present; and if he will make a statement on the matter. [9121/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The 2008 Policing Priorities for the Garda Síochána, which I set earlier this year under the Garda Síochána Act 2005, provide for enhanced activity by the Garda Drugs Unit and by gardaí generally focusing in particular on places where drug dealing and the use of illicit drugs is likely. The Garda has been targeting places of this kind and it intends to intensify that activity. Its efforts in this regard are underpinned by its extensive search powers under the Misuse of Drugs Act 1977 and the Criminal Justice (Drug Trafficking) Act 1996. Section 23 of the 1977 Act allows a member of the Garda Síochána with reasonable cause to suspect that a person is in possession of a controlled drug, to search without warrant that person, and any vehicle, vessel or aircraft in which he suspects that such drugs may be found. Section 27 of the same Act empowers a member of the Garda who has reasonable grounds for suspicion to apply to a District Court judge or a peace commissioner for a warrant to enter particular premises and search them. Section 8 of the 1996 Act makes provision for a Garda superintendent to issue such a search warrant in cases of urgency. The search powers referred to above are in addition to the general powers in relation to search warrants which are set out in section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997, as amended by section 6 of the Criminal Justice Act 2006. I am aware that any significant extension of Garda search powers beyond those already available gives rise to consideration of highly sensitive issues, including ones of constitutional importance. In this regard I am thinking, for example, of Article 40.3 (personal rights) and 40.5 (inviolability of a dwelling) of the Constitution. I am therefore approaching the commitment in the Government Programme with those considerations in mind. My aim is that any new powers will be capable of withstanding Constitutional scrutiny. As the complexity and sensitivity of the issues involved I am unable to say at this stage when proposals will be available.