Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 12:

In page 6, to delete lines 44 and 45 and substitute the following:

5.—(1) An application under section 4 for an authorisation and under section 6 for a variation or renewal of an authorisation—

(a) shall be made ex parte and shall be heard otherwise than in public, and

(b) may be made to a judge assigned to any district court district.

I indicated on Committee Stage that I would introduce amendments in regard to the issuing of authorisations for surveillance by the District Court. These amendments allow an application for a surveillance authorisation, under section 5 of the Bill, to be made to a District Court judge in any District Court district. The application will be valid in all parts of the State.

In general, applications of this nature are made to the District Court in the district in which the subject of the application is resident or is located. The amendment to subsection (1), however, makes it clear that an application for an authorisation to carry out surveillance can be made in any District Court district. This is to address the fact that, in may cases, a proposed surveillance operation will involve a group of subjects - for example, a group of persons or vehicles - who are resident or located in more than one District Court district or who cannot be said to be resident or located in any given district.

The second amendment, the insertion of a new subsection (9), provides that an authorisation issued by a judge of the District Court will have effect, not only in the district to which the District Court judge is assigned and in which the authorisation issued, but also in any other part of the State. This is particularly important given that the subjects of surveillance, both persons and objects, will, by their very nature, usually be mobile and therefore capable of moving between District Court districts. Provision for flexibility in the judicial authorisation process will ensure the legislation is practical from an operational point of view.

I commend the amendments to the House.

See this speech in context