asked the Minister for Justice if he is aware that in the banning of the issue of the "Worker's Voice" for November 7th and November 14th no written copy of an Order from the Military Tribunal was produced on either occasion and no warrants were produced by the detectives acting under instructions of the Tribunal for search purposes; and if he will state whether this practice will be followed in the future, or whether he is prepared to state that in the future all such searches and such orders will be decreed by other than word of mouth.
Ceisteanna—Questions. Oral Answers. - Banning of “Worker's Voice.”
On the occasion to which the Deputy refers search warrants were duly issued by a Superintendent of the Gárda Síochána pursuant to Section 30, sub-section (1) of Article 2A of the Constitution, for the search of the premises No. 27 Ormond Quay. Copies of a periodical which appeared to be seditious were found on these premises and were laid before the Special Tribunal which declared them to be seditious. All copies of these issues, wherever found, were then seized, without warrant, pursuant to Section 26, sub-section (2). It is not necessary and would in practice be impossible to produce a copy of the Tribunal's Order before seizing copies of an issue which has been declared to be seditious.
Is the Minister making the statement that the search warrants were produced? I understood from his reply that the search warrants were issued. The question refers to the fact that the search warrants were not produced to the occupants of the premises. Does the Minister say that they were?
I understand that in the first instance the search warrants were in the possession of the Guards, but whether they were asked to produce them or not I do not know.
As one who has had a very recent experience of search warrants——
I am aware of that.
I recognise that when a demand was made for production the warrant was produced. I am now asking the Minister if he will give instructions that whenever officers have search warrants they will produce them without being requested to do so?
Is it not obligatory on the part of an officer to produce a search warrant without being asked?
I do not know whether they were produced in this case or not, but they were in the possession of the officers.
In this particular case the person who wrote to me said definitely no search warrants were produced. I would like the Minister to see that in future if warrants are in possession of the Guards that they should be produced?
It depends on who is in occupation of the premises.
If the persons on the premises are the persons who ought to be in occupation of the premises surely they are entitled to have that amount of consideration?
They certainly can always ask for the search warrant if it is not produced in the ordinary way.
Has the Minister not issued definitely instructions that search warrants are to be produced by officers when they enter a premises?
I can issue any instructions to the Gárda which I consider to be proper.
Has the Minister not issued instructions to them to that effect?
No, sir. I have already said that in the ordinary case search warrants are produced, but there may be circumstances in which it is impossible to produce search warrants. If you go into a premises and find no one there to whom are you to produce a search warrant?
I assume that the Minister has control of the officers acting under him. In the case of a particular officer misconducting himself by not producing his warrant what remedy have the ordinary public in that matter?
I do not contemplate the Gárda misconducting themselves at all.