Warning over Bill to boost Garda powers

Fresh garda powers proposed in the new Criminal Justice Bill must be balanced with additional safeguards, it was claimed today.

The newly-published Bill gives officers increased powers in relation to the issuing of search warrants, the detention of suspects, and the taking of saliva samples.

It also introduces fixed penalties for public order offences and new restrictions on firearms licences, while allowing retracted witness statements to be used in criminal trials.

Justice Minister Michael McDowell said he was considering adding provisions to the legislation to outlaw membership of a criminal gang, to increase sentences for drugs and firearms offences and to allow for the electronic tagging of offenders.

Mr McDowell said he was satisfied the Bill represented a broad ranging update of the law, although Labour spokesman Joe Costello insisted safeguards were needed to protect against abuses or potential miscarriages of justice.

“I believe that the criminal law must be continually reviewed and if necessary updated to ensure that the criminal justice system fully meets the ever-present challenge which criminality presents to society,” Mr McDowell said.

“The legislature must meet this challenge while at the same time safeguarding the rights of the individual. This Bill seeks to achieve that balance.”

Mr Costello said there was no disputing the necessity of additional measures to deal with criminal gangs but he insisted the sweeping additional powers would require detailed examination by the Dáil when the Bill comes before the House.

“There is an obligation on the Government and on the Oireachtas to ensure that the right balance is struck between giving appropriate powers to the Gardai to combat crime on the one hand and not compromising the civil and human rights of our citizens, on the other,” he said.

“Given the sweeping nature of the proposed additional powers, it is essential that they should be accompanied by appropriate protections for persons in custody.”

The measures in the Bill include a statutory power to preserve a crime scene, a general power in relation to the issue of search warrants, increased detention powers of up to 24 hours for arrestable offences and amendments to the Criminal Justice (Forensic Evidence) Act 1990.

The amendments include:

:: A reclassification of saliva and mouth swabs as non-intimate samples,

:: An extension of the power of the prosecution to appeal in limited circumstances,

:: A provision on the admissibility of statements by witnesses, who subsequently refuse to testify or retract their original statements

:: The implementation of a fixed penalty procedure in respect of certain lesser public order offences, and

:: An amendment of the Firearms Acts to require applicants for firearms certificates to satisfy the Garda Superintendent that they have provided secure accommodation for the firearm.

Minister McDowell said he was considering a number of further additions to the Bill but rather than delay its publication he would examine these proposed additions with a view to bringing them forward as amendments later.

These include:

:: A provision to deal with participation in organised criminal gangs,

:: Provisions to strengthen sentencing for drug trafficking and firearms offences,

:: Provisions to allow for the electronic tagging of offenders,

:: Further amendments to the Firearms Acts concerning the control of firearms which will address matters arising from recent court judgements in relation to the process of certification for possession, use and carriage of firearms and ammunition.

Mr McDowell said he paid particular attention to getting the balance right between maintaining the rights of the individual, while ensuring the optimum protection of society during the Bill’s preparation.

The Bill is being published as a national scheme is introduced to provide for the mandatory audio/visual recording of interviews with persons detained in Garda custody under certain detention provisions.

The Government has recently published the Garda Siochana Bill, 2004, which will when enacted, establish the Garda Siochana (Ombudsman) Commission, a new independent body to replace the existing Garda Siochana Complaints Board.