The Taoiseach is expected to bring proposals to Cabinet shortly for a radical overhaul of the Garda and a range of legal changes aimed at making criminal investigations more efficient. The proposals are contained in a report submitted to Mr Ahern by a review group established by the last government.
The Strategic Management Initiative report, a copy of which has been seen by The Irish Times, advocates a "bottom-up review" of the Garda and a strengthening of the Commissioner's powers.
It also suggests increasing the arrest and detention powers of gardai and harsh penalties for suspects who do not co-operate with investigations of serious offences. Currently, suspects for most crimes can be held for 12 hours without charge. The report says this should be extended to 48 hours, with the second day approved by a District Court judge.
For "grave offences" involving death, grievous bodily harm or sexual assault, the judge should be able to authorise a further two days detention.
The report says: "The reckoning period of detention should be suspended for sleep, waiting period for a solicitor, reasonable consultation with a solicitor, for medical attention, or for court appearance". For suspects who refuse to take part in an identification parade, "failure to co-operate will constitute an offence of comparative gravity", the report says.
Similarly, failure to co-operate with giving fingerprints or other forensic activity should be an offence of "comparative gravity".
These sections caused a furious row within the SMI group as it completed its report, as they suggest a murder suspect who failed to co-operate with gardai could in theory be sentenced as if convicted of the murder. But senior gardai say this interpretation is a "distortion" of the report's intentions.
The report says the review group "acknowledges that a number of the changes proposed could be viewed as having significant constitutional implications and possibly implications in terms of compliance with the European Convention on Human Rights (ECHR)". It says these aspects should be considered when new legislation is being prepared.
Other legal changes recommended include giving a Garda superintendent or higher officer the power to sign search warrants when a District Court judge is not available and a law to let gardai enter buildings without a warrant. "There should be a statutory power of entry, search and seizure in circumstances of hot pursuit, such power to be strictly limited so as to protect personal rights".
There should be a new law to make sure people cannot interfere with a crime scene. The report says: "There is no statutory power which enables the gardai to preserve the scene of the crime while forensic examination takes place."
The report recommends that a court be allowed to draw inferences when a suspect relies on the right to silence during questioning.
The group has also recommended that in some instances people found to have stolen property should be required to prove they did not know it was stolen.
"Section 3 of the Larceny Act 1990 (handling stolen property) should be strengthened so as to place on an accused person who is in possession of stolen property, in circumstances where there is reason for him to know or believe that the property is stolen, the onus of establishing to the contrary."
The SMI review group was set up by the former Taoiseach, Mr John Bruton, following the murder of Veronica Guerin last year.
It was chaired by the industrialist Mr Tony Barry. The report was submitted to Mr Ahern when the new Government was formed.