Pat Rabbitte (Dublin South West, Labour)

The purpose of my amendment No. 13 is not in any way to restrict the Garda Síochána in carrying out this function. On the contrary, what I have been seeking to do is to make clear for the avoidance of doubt that this particular issue would be protected. I will not press the issue but I am genuinely confused by the Minister's reply. The Minister says he is rejecting the amendment on advice that it would otherwise impede entry by a member of the Garda Síochána, a member of the Revenue Commissioners or a member of the Defence Forces. I find this difficult. It is plain to me that what is being authorised in subsection (7) is a person, accompanied by another person if necessary, to enter, if necessary by the use of reasonable force, any place for the purpose of initiating and carrying out the authorised surveillance. The language used in my amendment is "for the purpose of installing or operating such a surveillance". I do not know if there is a difference in terms of carrying out surveillance as distinct from operating surveillance. I am genuinely puzzled that this is the reason for rejecting the amendment. The British legislation is clear. If the Minister thinks he is secured against challenge on it, in respect of private property or damage to private property, I will take his word for it but I am unable to see what he has explained as being the reason for not accepting my amendment.

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