Dáil Éireann Debate, Wednesday - 22 June 2016
55. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on the recently reported contention by the Garda Síochána Ombudsman Commission that the timing of Garda Síochána searches of suspects' residences at 3.15 a.m. is unreasonable; and if she will make a statement on the matter. [17126/16]
View answerThe execution of search warrants is entirely a matter for the Garda Commissioner and I have no role in deciding when search warrants are executed. That said, I am aware of the issue to which the Deputy refers in his question and am advised by the Garda Síochána Ombudsman Commission (GSOC) that the particular issue arose from a recommendation made by GSOC to the Garda Commissioner in relation to a particular case. It follows a report issued by the Law Reform Commission relating to the execution of search warrants and bench warrants which recommended that the Gardaí should adopt a code of practice in relation to search warrants.
As the Deputy will appreciate, there are many factors to be considered in the timing of the execution of a search warrant and it is a matter for the Garda Síochána to determine in the particular circumstances when it is appropriate to do so. There will be cases where it is essential that a search warrant is executed without delay, no matter what the time of day or night. For example, it would be highly undesirable that a search be delayed where there was a genuine fear that the life or well being of any person was in jeopardy. Equally, the timing of a search may be critical where it is believed that evidence of a criminal act may be lost if there is a delay in conducting a search.
It is clear that the timing of searches is a complex issue where a balance must be struck that respects the rights of individuals while ensuring that the criminal justice system can operate to protect citizens and successfully prosecute offenders.
