Mick Wallace (Wexford, Independent) | Oireachtas source

The Minister referred to the complaints referee. We do not even know if that system works. We asked how many complaints have been made under it. People cannot complain unless they know they are being bugged and they do not have access to the information that the other side has. The Minister cannot prove this system is functioning unless he gives us the statistics. We are not looking for information that will expose the Garda. The use of tracking devices under section 8 of the 2009 Act never requires external authorisation or judicial oversight. I do not think e-mail surveillance is covered by the legislation. Will the Minister confirm whether it is or not? The IHRC has said gaps in the legislation relating to Garda covert surveillance have significant implications for the protection of the right to privacy. Citizens do not know what gardaí are allowed to do in the area of surveillance.

The Government has an obligation to provide legal clarity. There is such a thing as providing legal certainty, foreseeability and accessibility for Irish citizens. Does the Minister insist on keeping people in the dark and not having any oversight or monitoring of how the force works? The force is going one way in terms of credibility with the public, which is downhill, and the Minister is not addressing the issues.

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