Dáil Éireann Debate, Tuesday - 25 November 2014
268. Deputy Denis Naughten asked the Minister for Justice and Equality the information which the Garda must provide to a Peace Commissioner when seeking a search warrant; the plans she has to review the current legislation; and if she will make a statement on the matter. [44951/14]
View answerThe normal practice is for search warrants to be issued by a judge of the District Court. There are a very small number of Acts under which, in addition to a judge of the District Court, a Peace Commissioner may also issue a search warrant in respect of specific items or material.
The Acts in question set out the information that a member of the Garda Síochána must provide for the granting of a search warrant. The information required varies depending on the offences at issue. The relevant provisions include:
- Road Traffic Act 1961 - section 106, as amended.
- Misuse of Drugs Act 1977 - section 26, as amended.
- Control of Dogs Act 1986 - section 26.
- Prohibition of Incitement to Hatred Act 1989 - section 9.
- Video Recordings Act 1989 - section 25, as amended.
- Firearms and Offensive Weapons Act 1990 - section 15.
It is proposed that a review of the position generally in relation to search warrants will be carried out within my Department. A Law Reform Commission report on search warrants is awaited and is expected to be published in 2015. I will consider, on foot of that report, what changes are required to the law on search warrants.
