Dermot Ahern (Louth, Fianna Fail)

We looked at it and I appreciate what the Deputy wants to achieve here. We must, however, take into account the constitutional rights of citizens, the European Convention on Human Rights and privacy issues. Deputy Noonan rightly stated last night that there is a balance between protecting the rights of the wider community while defending the rights related to the privacy of particular individuals and we believe we have struck the right balance in the Bill. Sections 14(3) and 14(4) set out the criteria a judge must consider in deciding to admit evidence attained in circumstances where there has been an error or omission on the face of an authorisation or approval, or where there has been a failure to comply with a requirement of the authorisation or approval.

The proposed amendment provides that in addition to the criteria listed, the court should also have regard to the rights of the community and the victim, if any, of the crime being investigated when determining if evidence may be admitted. We have considered this amendment in consultation with the Attorney General and we have been advised that the Deputy's proposal would be inappropriate in this context. The court's primary concern in this instance is to decide if the evidence would be of use in the case to be tried. To introduce a third element with regard to the victim's rights at this point might prejudice the outcome and would be inappropriate in that respect.

The court must decide whether the action taken was in good faith and whether it was in the interests of justice to admit the evidence, having regard to certain matters - if the error was serious or merely technical, the nature of any rights infringed, any circumstances of urgency, the possible prejudicial effect of the information concerned and the probative or conclusive value of the information. The presiding judge in the decision on admission of evidence would take into account the rights of the community and the victim of the crime in question.

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