Dáil debates

Thursday, 25 June 2009

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

 

12:00 pm

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

I move amendment No. 29:

In page 11, line 36, after "prosecution" to insert the following:

", Garda Síochána Ombudsman investigation, civil case".

We discussed this amendment on Committee Stage. The amendment is to ensure that any Garda Síochána Ombudsman Commission investigation or civil case is taken into account when making these decisions. I mentioned a case on Committee Stage, which I will not outline in detail now, where the Garda Síochána Complaints Board destroyed all its records despite the fact that there was an outstanding civil case which was dependent on the records. When such a decision is made about material, there should be an effort to ensure that the information is not still required by, for example, the Garda Síochána Ombudsman Commission if it is carrying out an investigation. It is a matter of having a checklist before information is destroyed. There could be a civil case by an individual who has been subject to this type of surveillance and is dependent on the records to prove his or her case. We must ensure the legislation does not hamper justice being done.

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