Dáil debates

Wednesday, 29 April 2009

Criminal Justice (Surveillance) Bill 2009: Second Stage (Resumed)

 

4:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I note that authorisation is granted by a judge of the District Court only in circumstances of exceptional urgency. I further note that the Bill is narrower than the recommendation of the Law Reform Commission in its 1998 report, which proposed judicial and administrative authorisation, a broadly based, flexible and workable system of authorisations, both judicial, granted by the District Court, and administrative, granted by a chief superintendent, which should be put in place and which would give the Garda Síochána the protection it needs in carrying out its function of the prevention and detection of crime.

I understand an application may be made to a judge by or on behalf of a superior officer of the Garda Síochána, Defence Forces or the Revenue Commissioners. Given the covert nature of the proposed surveillance these applications may be made without the other side or the public being present. I note an officer of the Garda Síochána may apply for authorisation if it is a necessary part of an investigation, the prevention of an arrestable offence or the maintenance of the security of the State. An arrestable offence is one which may be punished by imprisonment for five or more years.

I have welcomed the opportunity to make my brief contribution. It is important that we all support it and I sincerely do so. I am pleased to have taken the opportunity to continue to support the work of the Garda Síochána not only in my community, but throughout the country. We are all impressed by the attitude of the Garda Commissioner, Mr. Fachtna Murphy, in that regard. The responsibility of the House and the Government is to ensure that the Commissioner and the force continue to receive the resources, facilitates and services required to protect the public as much as possible not only in Limerick, Cork, Tallaght and Dublin South-West, but throughout the country.

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