The Human Rights Commission has criticised Government proposals to allow Garda superintendents to issue search warrants, extend periods of detention, use force in the taking of certain bodily samples and allow for appeals against acquittals.
The proposals are contained in the scheme for a new Criminal Justice Bill, published last year.
The scheme of the Bill proposes allowing a Garda superintendent issue a search warrant where it is a matter of urgency and it is impractical to arrange for a District Justice to issue one.
The HRC pointed out that under both the Irish Constitution and international human rights law everyone was entitled to privacy and the peaceful enjoyment of his or her private property. It expressed concern at the removal of judicial supervision over interference with these rights, and said that it had not been shown that there was great difficulty in getting hold of a District Justice.
On the proposal to extend the period a person could be detained from 12 to 24 hours, the HRC said this originated in a Garda report which said 12 hours was inadequate for the investigation of serious crimes like murder or rape, or complex ones, like fraud.
The HRC said the current proposal applied to all arrestable offences, and not just very serious or complex ones. It said the need for such reform had not been demonstrated, especially for all offences. If the detention period was increased, it should be targeted at specific offences. The HRC said it was concerned that increasing the period of detention for all offences could bring Ireland into conflict with its human rights legal obligations.
The commission is also concerned about the proposal to use "reasonable force" in the taking of non-intimate bodily samples. It said a number of safeguards should be introduced, including that the garda concerned has regard to the seriousness of the offence, the degree of the suspect's participation in the alleged offence, and the suspect's age, physical and mental health and religious and cultural background. The commission is also concerned that the proposal to allow prosecution appeals against acquittals on a point of law would undermine the presumption of innocence.