Dáil debates

Thursday, 25 June 2009

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed)

 

12:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

The amendment provides that the application to vary or renew an authorisation should be accompanied by a copy of a written record of approval, a summary of the result of the surveillance and the reason continued surveillance is required. However, section 6 deals with applications to vary or renew authorisations granted under section 5. It does not provide for the renewal of approvals granted in emergency situations under section 7 and where a written record of approval is made. Continuation of an approval granted under section 7 is provided for by the authorisation procedure in subsection (4) of section 4 and the documentation to be provided is specified in that subsection on the basis that it is an authorisation following an emergency approval. Where an application is made for a variation or approval of the existing authorisation under section 6, it will be at the judge's discretion to request such information as he or she considers necessary. In practice the applicant will be obliged to disclose all relevant matters. I do not think this amendment is necessary.

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