Dáil debates

Wednesday, 29 April 2009

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

 

6:00 pm

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)

I welcome the opportunity to say a few words on this Bill, which is a necessary support for the Garda Síochána. I thank my colleague, Deputy Ring, for sharing time with me. As he said, Fine Gael proposed a similar Bill noT so long ago, which was rejected by the Government. Thank goodness this Bill is now before the House but, unfortunately, not before further deaths have occurred.

The Bill provides for the first time a legal basis for secret surveillance by the organs of the State. In his earlier contribution, the Minister said the legislation will allow for the use of secret electronic surveillance devices which are specifically designed to eavesdrop, film, monitor movements and record information. The Bill seeks to regulate the use of such devices by the interests concerned.

Secret surveillance is invasive and intrusive, but the death of a loved one as a result of the abuse by others who are using many secret devices is extremely serious. I certainly welcome anything we can do to ensure that is stopped. The Garda Síochána will welcome this measure. Earlier this week, I attended one of the Garda policing committees where it was made clear that they welcomed a number of changes that have been made in the past year or so. Those changes have allowed them to deal with situations in different ways, especially the issue of crowd control.

Up to now the Garda Síochána has been reluctant to use such evidence in court, mainly for legal and operational reasons. It is important, however, that gardaí will now be able to use the benefit of sophisticated surveillance devices, which are essential tools towards that end.

The Minister cited two exceptions to the requirement, which is an important point. I agree that there must be control over such matters, but some of the persons involved in these serious crimes will not wait for the judicial process to take its course. It is therefore important that exceptions are allowed for and that people can adhere to them if there is a likelihood of a suspect escaping. The second issue of tracking devices is equally important.

A key element of the Bill is to facilitate the use of surveillance material as evidence in criminal proceedings in light of some of the cases that have come about. I am thinking specifically of issues that arose outside this jurisdiction, in Omagh, where lack of evidence was the main issue in failing to prosecute those responsible for the most serious incident arising in the history of the Troubles. Some 29 people were murdered in that bombing, including a woman pregnant with twins.

Coming from the Border area, as I do, one cannot help but think of issues such as oil laundering and smuggling in general. The death of a young garda in Donegal has already been mentioned. These issues bring home to us the pressures on gardaí and what they have to put up with. It is vital that all possible help is given to them to try to stop such criminality. This week, policing committees, especially in the Clones district, have been discussing the ongoing activities of difficult people in the Border areas on a stretch of road just outside Clones. There is no doubt that if proper surveillance could be used it would be much easier to catch those people and deal with them. While they are not murdering people, as is happening in Limerick, they are causing enormous distress to families in that area. Part of the road that goes through Northern Ireland is being used for joy-riding by cars, motorbikes and quads. Unfortunately, their use of electronic devices means they know when gardaí are approaching the Border or the PSNI is arriving on the scene. It is important, therefore, that the Garda is also able to use such devices.

One cannot overstate the tragedy of Limerick. It is one of the reasons the Fine Gael Party, of which I am proud to be a member, is so committed to the issue of law and order. It is unforgivable that a person's family can be placed at risk when he or she gives evidence in court. No one wants to live in a country where that is possible. It is essential, therefore, that every possible tool is made available to the Garda to ensure thugs and criminals are brought to justice in a proper and expeditious manner. If the Garda delivers justice, it will send out a clear message to individuals who may be inclined to become involved in criminal activity, that crime is not an option.

We are moving into a difficult period with large numbers of people facing unemployment. Many young people in my area and further north do not remember the Troubles and they may be easily led into engaging in activity whose outcome they do not understand. It is vital that these young people see that means are available to bring those who do wrong to justice.

I welcome the decision to introduce a Bill to address the attachment of fines. It is wrong that gardaí drive out to people's homes to collect fines when the force should be fully utilised to catch those engaged in smuggling, murder and other illegal activities. We must ensure it is able to pursue these crimes. For years, we have been promised that gardaí who sit behind desks doing jobs that could be done by civilians will be released to perform other duties. I ask the Minister to ensure as many gardaí as possible are made available to utilise surveillance equipment, as permitted under the legislation, and bring criminals to justice.

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