Dáil debates

Wednesday, 24 June 2009

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

 

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

The intention in these amendments is not to undermine the security of the State. In amendment No. 46, "the security of the State" is substituted by "current or future criminal prosecutions". The Bill seeks to ensure surveillance for the purpose of gaining criminal prosecutions against those who are carrying out crime or likely to do so. I believe the term "the security of the State" is too loose and the intention is to delete it and to allow for all arrestable crimes to be covered either by section 4(1)(a) or 4(1)(b) in the context of amendment No. 10, which we are discussing at present, and of the other amendments.

I will not press the amendment as it is not that big an issue but we should in law try to have descriptive terms. Where terms such as "the security of the State" are being used, we need to explain in greater detail what is involved and not duplicate the reasoning for the surveillance. The reason for the surveillance in this instance is to get the information required to bring about a successful prosecution, which is catered for at section 4(1)(a) and 4(1)(b). As I noted, the substitution in amendment No. 46 of the term "the security of the State" with the term "current or future criminal prosecutions" would cover this and mean the Garda Síochána could do its job, gain prosecutions and ensure the information is gathered.

Comments

No comments

Log in or join to post a public comment.