Mick Wallace (Wexford, Independent) | Oireachtas source

One page or one day reports at the end of the year do not represent oversight. Section 7 of Criminal Justice (Surveillance) Act 2009 allows any garda above the of superintendent to approve internally covert surveillance by another garda. Although section 7 is intended to apply only in exceptional and urgent situations, it clearly allows gardaí to bypass the District Court judge and to approve internally surveillance by each other. There is no requirement for retrospective authorisation by a judge. This idea that a judge looks at it at the end of the year and signs off on it is rubbish. I have a one-page report here. There is no methodology, detail or oversight. We are getting no information back from it. Section 8 sets out provisions for the fixing and use of tracking devices such as GPS on a vehicle and never requires judicial authorisation. It is always internally approved by an another garda. Literally and legally, gardaí are a law unto themselves.

The Minister quotes the different pieces of legislation. Digital Rights Ireland has forced the point home many times and it has been picked up by the Europeans. We do not have proper scrutiny of it. When a State interferes with a citizen's right to privacy, particularly when it is done through covert police surveillance, the European Court of Human Rights has repeatedly held that this intrusion must be balanced by the provision of adequate safeguards and remedies to the citizen along with strong external monitoring and oversight of policy and practice.

That is not what we are getting.

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