Vol. 568 No. 1
644 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties being experienced by the Garda Síochána regarding certain provisions in the theft and fraud Act with regard to obtaining warrants, especially when they are required to obtain these warrants from District Court judges; and if he will make a statement on the matter. [15200/03]
I refer the Deputy to my answer to his Parliamentary Question No. 48 of 27 November 2002, when I informed him that the Garda authorities were assessing any difficulties experienced by them in obtaining search warrants under section 48 of the Criminal Justice (Theft and Fraud) Offences Act 2001. The Garda authorities have now reported to me that any difficulties they are experiencing in this matter would be overcome by a provision whereby a senior officer of the Garda Síochána could issue a search warrant on grounds of urgency where a District Court judge is not readily available.
The criminal justice (Garda powers) Bill currently under preparation proposes to include a general provision in the case of all serious offences for a member of the Garda Síochána not below the rank of superintendent to issue a search warrant in circumstances of urgency where it might be impractical to apply to a judge of the District Court. This provision, which will be in addition to the current section 48 provision, will address any difficulties being experienced by the Garda Síochána under the 2001 Act. It is hoped to publish the Bill later this year.
