asked the Minister for Posts and Telegraphs the authority under which officers of the Investigation Branch of his Department search the homes of members of the Post Office staff; the circumstances in which such searches are instituted; and the number of searches carried out in each of the last ten years.
Ceisteanna—Questions. Oral Answers. - Searches in Homes of Members of Post Office Staff.
42.
The searches referred to are made with the consent of the persons concerned or in the very few cases where consent is withheld on foot of search warrants obtained from the Courts. Searches of this kind are necessary in cases of suspected misappropriation of Departmental or public property or commission of criminal offences.
As records are not kept of the number of searches made the figures sought in the last part of the question are not readily available but the figures for the years 1957 to 1959 are as follows:—
|
1957 |
34 |
|
1958 |
39 |
|
1959 |
33 |
Will the Minister say whether it is made clear to the officers concerned that they are under no legal obligation to consent to their houses being searched in the absence of a search warrant?
I have not got that information on the file but I am sure that the officers are well aware of that position themselves, that they can consent or refuse.
Do I take it that the Minister now says that the officers are not obliged to consent to a search in the absence of a search warrant?
I do not think that that arises on the question. The searches are carried out by Garda officers seconded to the Investigation Branch and I presume that the usual procedure in relation to Garda officers making searches is carried out.
The Minister has said that the searches are carried out with the consent of the officer concerned or with the aid of a search warrant. Is it made clear to the officer that there is no obligation on him to consent to the house being searched?
I have not got that information but I presume that the officer whose house is being searched is so warned.