Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Deputy will be aware that the legislative basis for the carrying out of covert surveillance in this State is the Criminal Justice (Surveillance) Act 2009. From the outset I should clarify that as Minister for Justice and Equality, I have no role in authorising surveillance under the provisions of the 2009 Act. Under the Act, authorisations for surveillance are granted by a judge of the District Court on application by a superior officer of An Garda Síochána, the Revenue Commissioners or the Defence Forces in circumstances described in the Act.

The Act provides that a member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners shall carry out surveillance only in accordance with a valid authorisation. In that regard, an application for a valid authorisation must be made by a superior officer of An Garda Síochána to a judge of the District Court where the officer is of the opinion that, as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence; the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of arrestable offences; or the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.

Exceptionally in accordance with section 7 of the Act, an authorisation may be granted without recourse to the District Court in very limited circumstances described in the Act where grounds of urgency exist. In this regard the designated judge appointed to oversee the operation of the Act under section 12 has noted, in his most recent report to the Taoiseach, that the specific procedures in place within An Garda Síochána for dealing with section 7 concerning urgent applications provide that the use of that section should only be availed of where an authorisation cannot be obtained from a District Court judge.

The report of the designated judge, which must be submitted on an annual basis to the Taoiseach, is laid before the Houses of the Oireachtas.

In the performance of his statutory role, the designated judge has unimpeded access to all documentation and personnel relevant to this legislation. In his most recent report, he commented favourably on his experiences in his dealings with An Garda Síochána and particularly in respect of the standard of record keeping where these matters are concerned. The designated judge concludes that the use of the legislation remains an important asset in the fight against criminal and terrorist activity.

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