Dáil Éireann díospóireacht -
Thursday, 20 May 1993

Vol. 431 No. 2

Written Answers. - Garda Records.

Bernard J. Durkan

Ceist:

86 Mr. Durkan asked the Minister for Justice if, having regard to Parliamentary Question No. 85 of 13 May 1993, and the reply thereto, she will give details of the means available to the persons concerned whereby they can have Garda records and other documents struck out, particularly, if a search has been carried out on the basis of false or mischievous information; and if she will make a statement on the matter.

Minister for Justice (Mrs. Geoghegan-Quinn)

As regards the inference in the question that the search may have been carried out on the basis of false or mischievous information, I would remind the Deputy that there is a legal requirement on the senior Garda officer who issues a search warrant of this kind to 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 in the warrant.

The measures which an individual might take to have Garda records destroyed — and I stress that I am not referring to any particular records nor to any particular case — are a matter for legal interpretation and as such are not a matter for the Minister for Justice to advise upon.