Dáil debates

Wednesday, 27 January 2016

Other Questions

Criminal Law Review

10:15 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I have a detailed report before me on the review of the operation of the Criminal Justice (Surveillance) Act, which was presented to the Taoiseach by Mr. Justice Robert Eagar. That is available and I believe the Deputy has referenced it. It contains considerable detail. By its very nature, there will not be the level of detail because of particular issues relating to the serious crime that is being investigated. However, there must be limits on these powers, and I certainly agree with the Deputy that we need oversight and a balance between the competing rights. We must always be prepared to review and, if need be, either extend or restrict these powers.

It is important to keep the general law in this area under review. The former Attorney General and Supreme Court judge, Mr. Justice John Murray, is carrying out a review. With his vast experience in the European Courts, it will be interesting to examine what he reports about best practice. I certainly want to ensure we have best practice in this area. Clearly, these are essential tools that the Garda needs to address the challenges it faces. However, if there is a need for further oversight, that can be considered. We will have that report which will be important in guiding us regarding journalists, for whom there are particular issues such as protection of sources. There are always developments in law. If it comes across clearly that further oversight mechanisms are required, I am sure that will be examined in the coming months.

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