Dáil Éireann Debate, Tuesday - 10 July 2012
370 Deputy Noel Harrington asked the Minister for Justice and Equality the State agencies and bodies that have the power to enter or search premises in the course of an investigation; if they need a search warrant; and if he will make a statement on the matter. [33443/12]
View answerThe law relating to powers of entry and search for the purposes of criminal and civil investigations is detailed and complex. Members of the Garda Síochána and many other persons by virtue of the particular office that they hold have powers to enter or search private property without the consent of the occupier, and in some instances without a search warrant. It should be said that the majority of Agencies and Bodies that have such powers operate outside the aegis of my Department.
Insofar as my Department is concerned, a number of Bodies have powers of entry and search, in the course of their investigations. These include the Garda Síochána, the Private Security Authority, the Property Services Regulatory Authority, the Data Protection Commissioner and the Garda Síochána Ombudsman Commission.
Members of the Garda Síochána have a wide range of common law and statutory powers to enter a private premises. These powers are restricted in terms of their purpose and the circumstances in which they may be used. Such restrictions arise from the need to balance, on the one hand, the duty of a member to enforce the law and protect individuals and, on the other, the rights of individuals to ownership and privacy. In addition, the Deputy will be aware that Article 40.5 of the Constitution affords special protection to domestic dwellings providing that they are inviolable and may not be forcibly entered save in accordance with law.
Examples of the powers available to members of the Garda Síochána include the common law power to enter a private premises without a warrant in order to save a life within; section 6 of the Criminal Law Act 1997 which permits the entry and search of any premises to effect an arrest; and section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 which permits a member to apply to a District Court judge for a search warrant for the purpose of gathering evidence in relation to the commission of a serious offence.
