Dermot Ahern (Louth, Fianna Fail)

The import of the legislation is not to interfere in the regular day-to-day surveillance that is the norm of policing. The focus of the amendment is surveillance with the aid of electronic surveillance devices. What the Deputies are proposing, in effect, is that the normal type of surveillance would also be included. That would result in utter confusion from a Garda point of view as to whether the members of the force would have to get authorisation to have a normal type of investigation for the monitoring of known criminals. That would leave the hands of the gardaí very much tied behind their backs in terms of normal, day-to-day policing.

The amendments seek to allow for the targeting of persons by the Garda, including repeated photographing of persons. What is "targeted surveillance"? The Garda would have to make a determination as to what is "ordinary surveillance" and what is "targeted surveillance" and decide on the use of informants. In effect, the aim of the three amendments is to expand the definition of surveillance. The Bill is designed to regulate surveillance by electronic means, including tracking devices or other electronic devices. Cameras are specifically excluded from the definition of surveillance devices. I cannot accept the amendment. The expansion of the definition as proposed by Deputy Ó Snodaigh, supported by Deputy Flanagan, would tend to include ordinary day-to-day surveillance by gardaí and would make the situation totally unworkable from their point of view.

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