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Garda Warrants

Dáil Éireann Debate, Tuesday - 15 September 2020

Tuesday, 15 September 2020

Ceisteanna (576, 577)

Denis Naughten

Ceist:

576. Deputy Denis Naughten asked the Minister for Justice if a search warrant sought by An Garda Síochána can be signed by a peace commissioner; and if she will make a statement on the matter. [23400/20]

Amharc ar fhreagra

Denis Naughten

Ceist:

577. Deputy Denis Naughten asked the Minister for Justice if a search warrant sought by An Garda Síochána can be signed by a commissioner for oaths; and if she will make a statement on the matter. [23401/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 576 and 577 together.

I have requested information on the matters the Deputy has raised, and will revert to him in the coming days.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions Number 576 and 577 for answer on 15 September 2020, in which you asked the Minister for Justice if a search warrant sought by An Garda Síochána can be signed by a peace commissioner; and if she will make a statement on the matter and if a search warrant sought by An Garda Síochána can be signed by a commissioner for oaths; and if she will make a statement on the matter.”
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information was available.
I am informed by the Garda Authorities that a search warrant sought by An Garda Síochána can be signed by a Peace Commissioner in circumstances outside court hours and were a District Judge is unavailable and there is an urgency involved. A search warrant cannot be signed by a Commissioner for Oaths. I am further informed that An Garda Síochána’s own best practice is for a Judge to sign a search warrant wherever possible.
An Garda Síochána have advised me that it is not possible to provide a breakdown of the number of instances where a Peace Commissioner signed a warrant, as this would necessitate a manual trawl through all of the associated PULSE records and would require an inordinate expenditure of Garda time.
The Deputy may be interested to know that the Law Reform Commission, in its 2015 Report on Search Warrants and Bench Warrants recommended that the law should be amended to provide that a judge of the District Court should be the sole authority for issuing search warrants. My Department is considering the recommendation as part of a bill to codify police powers of search, arrest and detention, which is currently being prepared.
I hope this information is of assistance.
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