Michael McDowell (Dublin South East, Progressive Democrats)

Deputy Howlin is proposing there should be a precondition for the commencement of section 11, that is an independent assessment of the viability by the Minister of the electronic monitoring system. Deputy Howlin's amendment is not necessary because the provisions in sections 13 and 16 mean that electronic monitoring will not come into operation until an arrangement is made between the Minister and a contractor for the operation of the system. That must be done with the consent of the Minister for Finance. As Deputy Howlin knows, I am unlikely to get the consent of the Minister for Finance for a system that would not work. Preconditions are already in place that imply Deputy Howlin's point.

I agree with the spirit of his amendment. Before a system is introduced, it must be workable. Section 13 makes it clear that for it to be workable there must be an arrangement with a contractor for which I need the consent of the Minister for Finance. Only then can I make regulations for the operation of the system. There are a series of jumps that must be cleared before the system can come into operation.

There has already been a discussion on electronic monitoring on Second Stage and Committee Stage of the Criminal Justice Act 2006. The global positioning system, GPS, which monitors actual location has been the subject of controversy in the United Kingdom and has not been satisfactory in its operation. The home-based curfew type device has also been in operation and has been more satisfactory, although not 100% so.

I agree with Deputy Jim O'Keeffe that even if GPS is not available, we can go ahead with the curfew system. Before such a monitoring system can be introduced, I must have an agreement with a contractor for its monitoring. I am not deploying gardaí to study monitors. The panoply of this set of provisions is conditions precedent for the operation of the systems. I will not commence these sections until a court is in a position to have compliance with its orders in this regard. There will not be a situation where a District Court judge in Clonakilty orders electronic monitoring, only to be told by the Garda there is no system in place. There must be a system in place before the courts can order its use.

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