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

The Deputy raised issues about the complaints referee. As I said to the Deputy, the Act provides for the appointment of the complaints referee to investigate applications from persons who believe they might be the subject of an authorisation under the legislation. The Act does not require a person to know if he or she was in fact the subject of an authorisation but only that he or she might have been.

The function of the complaints referee is to investigate, unless he or she believes the application is frivolous or vexatious, whether an authorisation was used and if so whether there was contravention of the Act. Carrying out these functions the referee will have access to any relevant cases, authorisations or other documents. If the referee finds there has been a contravention he or she will notify the applicant accordingly, report the findings to the Taoiseach and may quash the authorisation and recommend the payment of compensation.

In the context of engaging in regular police work there are substantial provisions for oversight. Let me extend an invitation to the Deputy. If there are particular legislative changes he believes are required, in the context of the review now taking place and having a new Garda Síochána Bill before the House by the end of the year, I have no difficulty in inviting the Deputy to furnish to me the particular amendments he would like to see made to the legislation where he states it falls short of providing adequate oversight.

It is of particular importance to remember in the context of dealing with organised crime, gangland crime, international crime and a range of areas in the context of subversion and terrorism that An Garda Síochána has available to it the best possible technical assistance to ensure those who engage in criminality and pose a serious threat to the community and to life and limb can be fully and properly investigated, appropriate preventative action can be taken and, where a crime has been committed, matters can be fully and properly investigated.

The Deputy should never forget or lose sight of one particular issue, that ultimately one of the bastions of protection of citizens of the State are the provisions contained in the Constitution and the oversight exercised by our courts with regard to these matters. Should the Garda fail to properly comply with powers conferred on it and violate people's constitutional rights the courts provide substantial oversight to ensure the protection of citizens in the country. On occasions this has been lost sight of in the debates which have taken place.

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