Vol. 430 No. 7
85 Mr. Durkan asked the Minister for Justice the reason for the search of the home of persons (details supplied) in County Kildare who have never been involved with illegal organisations; the evidence, if any, that was found in the course of the search; if her attention has been drawn to the distress and anxiety caused to this family in the course of the search; if the family has any redress in this situation; and if she will make a statement on the matter.
I am informed by the Garda authorities that the search in question was carried out in accordance with law and was duly authorised by a warrant issued under section 29 of the Offences Against the State Act, 1939, (as amended by section 5 of the Criminal Law Act, 1976).
It has never been the practice to disclose the information available to the gardaí which causes such a warrant to be issued. The legal requirement on a senior Garda officer who issues a warrant of this kind is that he satisfy himself that there is reasonable ground for believing that evidence of or relating to the commission of certain offences is to be found on the property specified on the warrant. I understand that no such evidence was found in the course of the search in question and that no charges were preferred as a result of it.
I can appreciate how a search such as this could be a cause of distress to the persons concerned. If they have reason to complain about the manner in which the search was carried out — as distinct from the fact that the search took place — it is open to them to make a complaint to the Garda Síochána Complaints Board which has powers to investigate complaints from members of the public against the Garda Síochána. It is also open to any person who alleges misuse by the gardaí of their powers to seek redress through the courts.
