Charles Flanagan (Laois-Offaly, Fine Gael)

The Minister referred to "ordinary" surveillance and "targeted" surveillance. We are dealing with a definition of surveillance. Is the Minister telling the House that a targeted and repeated photographing of persons for the purposes of monitoring and recording their movements, activities and communications is not surveillance? If that is not surveillance, then I do not know what is. I am not sure whether we are in the business of talking about ordinary surveillance, targeted surveillance and special surveillance. We are talking about surveillance. I would have thought that in a definition of surveillance we would not leave a doubt as to what is surveillance for the purposes of legislation. We are not talking about a tourist with a camera. We are talking about activity that is targeted, repeated and ongoing for the purposes of monitoring and recording a person's movements and activities. It seems to me that this is surveillance.

I am not sure whether that will hinder the Garda in the course of its work. That would not be anything like the object of the exercise. What we are doing is ensuring that what is in the legislation allows the Garda to engage in the type of activity that will be legally recognised and accepted under law. I would be disappointed if the Minister were to say that the amendment would hamper the Garda in the course of its duties. I would not like to be associated with any section of an Act that might so do. The activity is either surveillance or it is not. To talk about ordinary surveillance, as opposed to some other type of surveillance, is to subject the Bill to a lot of argument.

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