Mick Wallace (Wexford, Independent) | Oireachtas source

We have heard that reply on at least two occasions previously from the Minister. He has not answered the questions that were tabled. A judgment in the Court of Criminal Appeal in January 2014 in the case of DPP v. Idah gives us one worrying example of Garda abuse of this section 7 power to internally authorise itself to undertake covert surveillance. As a result of an invalid approval provided by the garda in question in inappropriate circumstances, which were not urgent, the evidence obtained was deemed inadmissible and the conviction was quashed by the court. Has the Minister any intention of introducing legislation to reform this area and, in particular, to provide for proper oversight and monitoring to ensure the rights of citizens under the Constitution and under Article 8 of the European Convention on Human Rights, ECHR, are adequately protected? Will he consider extending these covert surveillance powers to GSOC in order that it may be on an equal investigatory footing with the Garda? The principle was set out as far back as 2001 in a British case, Jordan v. UK, taken in the European Court of Human Rights under which oversight bodies must have the same powers as those they are trying to investigate.

The big issue for the Irish Human Rights Commission, IHRC, and the Irish Council for Civil Liberties, ICCL, in the context of covert surveillance is there is not sufficient external oversight of what gardaí do. They are a law unto themselves and the current legislation provides for this. The system is open to abuse because it is not properly checked or monitored. There is no external monitoring worth talking about. The Minister needs to legislate to reform the present structure.

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