Oireachtas Joint and Select Committees

Tuesday, 21 September 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Digital Recording) Bill 2021: Discussion

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party) | Oireachtas source

As I said, the difference between public spaces and private spaces is addressed in head 5. It would, therefore, seem that there is a text that can be used for head 9. It is not just the issue of the time with regard to head 15. It is the urgency test. The Criminal Justice (Search Warrants) Act 2012 sets up three criteria: a member of An Garda Síochána must not be below the rank of superintendent; he or she must be independent of the investigation; and there is an urgency or an expediency, meaning that it would be dangerous for the gathering of the evidence or evidence could be lost if a person had to go in front of a judge. It is not just the length of time but the lack of the urgency test which is a concern.

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