Dermot Ahern (Louth, Fianna Fail)

It is the case that there was a change of view in the Garda Síochána, and that long predated the murders of Shane Geoghegan and Mr. Collins. It has to be accepted that for decades the Garda has been using electronic surveillance. Obviously, it is being used to a certain extent without statutory authority. Gardaí have been limited in what they can do given the prohibition in the Constitution relating to the right to private property and the issue of privacy. From that point of view the Garda approached the Department a considerable time ago and stated that it wished to move on this. The Garda wished to have statutory footing to ensure gardaí were not operating contrary to the Constitution and the European Convention on Human Rights.

Equally, the Garda came to the view that there were cases emerging where it might be necessary to use this material as evidence in court. Previously, as the material was, in effect, covert and not regulated and legalised, the Garda could not use it as evidence. Now the Garda will have the option, particularly in the context of gangland crime, to use this as necessary. However, in certain circumstances gardaí might decide not to proffer this as evidence and the Director of Public Prosecutions ultimately might not use it in support of a case.

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