Dermot Ahern (Louth, Fianna Fail)

I am of the view that the Deputy may, perhaps, suffer from a misapprehension with regard to how legislation is enacted. The legislation in question was only brought into force on 23 July. The Deputy and others said that we should not pass this legislation and that there should be further analysis and discussion in respect of it. He stated that the courts would not be sitting in July and August and that there would be ample time in which to debate the legislation further. However, the reality is that criminal law legislation cannot be enforced retrospectively. It was my intention, therefore, to bring this law into force as soon as possible following its passage through the Houses so the Garda could apprehend and investigate people.

The Deputy does me a disservice when he states that various articles appeared in the newspapers at my instigation. The latter is most certainly not the case. From discussions with the Garda Commissioner and other senior officers, I am aware that the force has been extremely active in respect of the implementation and use of the provisions of the Criminal Justice (Amendment) Act and the Criminal Justice (Surveillance) Act. In light of the fact that these items of legislation, particularly the Criminal Justice (Surveillance) Act, relate to significantly new legal terrain, the Garda Síochána was obliged to ensure that its officers received the best legal training and advice in respect of these two Acts, under which they will be obliged to prosecute individuals in the future. Work has been ongoing in this regard since the Acts came into force.

As recent media reports indicated, a major conference on Garda Síochána activity relating to these two items of legislation - at which senior members of Garda management were present - took place in Templemore.

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