Dáil Éireann Debate, Wednesday - 16 February 2005
117 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he has received the advice he requested on the possible invalidity of a number of search warrants following a recent Supreme Court ruling; the action he is taking to ensure that all search warrants are issued in accordance with all legal requirements; and if he will make a statement on the matter. [4953/05]
Amharc ar fhreagraI assume the Deputy is referring to the Supreme Court judgment in the case of Dylan Creaven, Silicon Technologies (Europe) Limited & Anor v. CAB & Anor. This case concerned the validity of a number of search warrants issued by the District Court. The Supreme Court found inter alia that where a district judge issues a search warrant he or she should be sitting within the District Court district to which he or she has been assigned. The Supreme Court went on to find that in this case warrants issued by a District Court judge were not valid because they were issued by the judge sitting outside the District Court districts to which he had been temporarily assigned.
I sought and have received the advice of the Attorney General on this matter. On the basis of that advice I have decided to deal with the particular issue in question by way of a legislative proposal which I will bring forward as an amendment to the Criminal Justice Bill. My proposals in this respect will be announced in the usual way.
