Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 32:

In page 12, between lines 39 and 40, to insert the following:

"(3) Notwithstanding section 13, the Minister may make regulations respecting the disclosure or non-disclosure, to the person who was its subject or other persons whose interests are materially affected by it, of the existence of an authorisation or an approval under section 7 or 8, provided that any disclosure authorised by such regulations is -

(a) consistent with the purposes for which the authorisation or approval concerned was issued or granted,

(b) consistent with the security of the State, the protection of persons' privacy and other rights and the aims of preventing and detecting the commission of arrestable offences, and

(c) unlikely to hinder the investigation in the future of such offences.

(4) Any regulation made under subsection (3) may -

(a) require consultation by the Minister, in any particular case of disclosure, with such classes of persons as may be prescribed,

(b) prescribe categories of persons (other than the subjects of the authorisations or approvals) whose interests are materially affected by authorisations or approvals, to whom disclosure is to be made, and

(c) permit the imposition of terms and conditions limiting the extent or detail of disclosure as necessary, having regard to the matters referred to in subsection (3).".

Section 10 provides for the restriction of disclosure of the existence of authorisations and other documents. The amendment provides for the making of ministerial regulations relating to the disclosure or non-disclosure of the existence of authorisations or approvals to the person who is the subject of the authorisation or approval or to other persons whose interests are materially affected by it in certain specified circumstances. Disclosure would be provided for only where it would be consistent with the purposes for which the authorisation or approval was issued, with the security of the State, with the protection of the person's privacy and other rights and where it would be unlikely to hinder the investigation. Any such regulations may require consultation by the Minister with relevant parties and may set out those categories of persons whose interests may be materially affected by the authorisations or approvals for surveillance. The regulations may also provide for the terms and conditions limiting the extent of disclosure.

This amendment takes account of European Court of Human Rights jurisprudence, which has found that a provision allowing disclosure in at least certain circumstances is required and that it is an important safeguard where an improper use of surveillance might occur. A proposal along these lines was suggested by the Irish Human Rights Commission in its observations on the Bill on the basis that it provides for the balance between the operational needs of the agencies involved in carrying out surveillance and the protection of the rights of the individual.

I commend the amendment to the House.

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