The Minister for Justice warned newly-graduated gardaí not to put loyalty to colleagues before duty to the community yesterday, while promising the Garda new powers to fight crime.
He also described three new non-lethal weapons, to be issued to the Emergency Response Unit, which would allow gardaí disable a person considered to be a threat without killing or seriously injuring that person.
The new powers will be in a new Crimes Act and a new Criminal Justice Bill, which will deal with the preservation of a crime scene, search warrants, increased detention powers and allowing the taking of forensic samples like mouth swabs without consent.
He said he would soon bring proposals to Cabinet for the establishment of a DNA database. He would also be proposing the preservation of samples for prolonged periods of time.
The Crimes Act, promised in the Programme for Government, will seek to integrate homicide, violence, property offences, dishonesty, corruption, public order, arrest, criminal procedure and court jurisdiction in a single Act.
It will also include uniform sentencing procedure and policies, and defences like insanity and incapacity.
As a first step, Mr McDowell said he would initiate research into the codification of all substantive criminal law into a single Act.
He said he hoped to publish a new Criminal Justice Bill next year, which would seek to harmonise and improve the powers of the Garda. This would include new provisions on search warrants and periods of detention.
At the moment search warrants are issued in relation to specific offences, under the Offences Against the State Acts and the Misuse of Drugs Act, with the authority of a senior Garda officer. There is no general right to search premises in the context of a crime.
Mr McDowell said he would like to see a search warrant available on application to a district justice. "Judicial control is preferable," he said.
He also said the length of time a person could be detained varied depending, not only on the crime, but also on the weapon used.
For example, in a murder case a person can only be detained for 12 hours if a knife is used, but for 48 hours if a gun is used, because the use of a firearm brings the case under the Offences Against the State Act.
Under anti-drugs legislation a person can be held for up to seven days, but in a fraud investigation the period is only 12 hours.
The whole issue was being reviewed, he said. "Extensive detention is not a very effective weapon against crime in most cases. I would be reluctant to extend the period without video-taping of interviews."
He said he was very anxious to roll out the video-taping of interviews across the State as quickly as possible.
The issuing of non-lethal weapons to the Emergency Response Unit was considered by the Garda following Abbeylara, where John Carthy was shot dead in controversial circumstances. Three different weapons, to be used only where necessary to avoid the use of firearms, had now been decided upon, Mr McDowell said. Members of the ERU would be fully trained to use them.