Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. 4:

In page 5, line 1, after "devices" to insert "including tracking devices".

This amendment is similar to those we have just discussed. It deals with tracking devices and is based on the report given to us by the Irish Human Rights Commission, which stated there should be an explanation offered as to why tracking devices are not included in the definition of "surveillance" and why the use of tracking devices will come under section 3 of the Bill.

Mr. Justice Morris criticised the absence of any statutory or other guidelines governing the practice of surveillance. My amendment focuses on this because surveillance by a tracking device is akin to the surveillance already mentioned, although in many ways it is rudimentary. It raises some concerns in respect of the right to privacy, which is covered by the European Convention on Human Rights. I propose to ensure that the use of surveillance devices by An Garda will not fall outside the law and that there will be a rationale behind their use that at least will have a basis in law. If this is achieved, there will be safeguards similar to those applicable to other devices. We are trying to ensure that the use of tracking devices is admissible in law and they can be used effectively to ensure that people are brought to justice.

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