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Dáil Éireann debate -
Thursday, 21 Nov 1963

Vol. 205 No. 13

Ceisteanna—Questions. Oral Answers. - Garda House Visits.

69.

asked the Minister for Justice what regulations, if any, govern the visiting of the houses of citizens by members of the Garda Síochána in the course of seeking information with regard to crimes committed; and whether it is permissible for the Garda to raid repeatedly the home of an innocent person following the occurrence of crimes, merely on the grounds that such person is related to persons previously convicted of crimes.

70.

asked the Minister for Justice whether he is aware that innocent persons are being exposed to the contempt of their neighbours and acquaintances by reason of the action of the Garda in repeatedly raiding their houses following the committing of crimes on the grounds that the persons concerned are related to men previously convicted of crimes; and whether he will take steps to put an end to this practice.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 69 and 70 together.

I do not accept the implications in the questions. The Deputy describes the persons concerned as "innocent". There is a legal presumption of innocence until the person is proved guilty but that does not mean that the Garda Síochána, whose duty it is to investigate crime, are not to follow up their suspicions and pursue their inquiries on the basis that a particular person may be guilty. They could not do their duty at all if they were to believe, as readily as the Deputy appears to do, protestations of innocence from suspected persons.

Neither do I accept that the Garda Síochána have been repeatedly visiting houses in connection with their investigations of crimes merely because the occupiers are relatives of persons convicted of similar crimes. If, however, a person is well known to be, not only a relative but a constant associate of persons, both relatives and otherwise, who have several convictions for serious crime, that person can expect to be looked on by the Garda Síochána as a possible suspect in certain cases and, as long as they do not exceed their powers, they are only doing their duty in making the inquiries that they think necessary and I am not prepared to intervene. There are no special regulations in the matter.

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