Dáil debates

Wednesday, 6 July 2016

Criminal Justice Act 1994: Motion

 

5:20 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Anti-Austerity Alliance) | Oireachtas source

In recent weeks and months we have seen the brutality and barbarity of the trade in drugs and its consequences. I was around the corner last week when the murder allegedly took place on Bridgefoot Street as part of this type of conflict. So-called gangs are happy to murder openly people with whom they are in dispute, and may take the lives of their targets or others who are simply in the wrong place at the wrong time. This poses significant dangers and threats to ordinary working class communities and we have to find any way possible to stop that. The drugs trade is, in reality, a multimillion euro international business and so-called gang leaders are more akin to leaders of multinational enterprises, but dealing in crime and murder. We support measures that will make it more difficult for them to operate. This particular measure seeks the approval of the House to lower the threshold for the money that can be seized coming into and going out of the State when it is believed to be linked to drug trafficking.

In general, measures that will make a real difference in cutting across drug trafficking should be agreed to. We have a general hesitation when it comes to strengthening the power of the State because of how that can be used, and not just against people involved in criminality but against others, some examples of which we have seen. A wider solution to the drugs crisis needs to be addressed. Giving increased powers to the State will not provide employment and will not provide education or opportunities for young people and deprived communities. Increasing the powers of gardaí and Revenue will not resolve the problems that users of drugs have nor will it assist those who wish to end their use of drugs.

This is part of a wider debate but is in response to the murders that have taken place, as are the series of measures the Government is talking of introducing. I understand the Cabinet yesterday discussed powers of gardaí to undertake surveillance of those engaged in serious crimes and crimes which affect the security of the State. I understand we will be faced with a series of amendments to existing legislation which will extend surveillance to more modern forms of communication, such as social media, e-mail, WhatsApp, etc. Without having seen the details of such proposals I am very concerned about them and I do not think I am alone. Dr. T. J. McIntyre, the chair of Digital Rights Ireland, has said the measures may be premature and the existing scheme is flawed. He suggested we need to start remedying the problems we have before expanding our provisions further. The question is whether the increased power could be exploited, abused or used against not just criminals but protestors or others who do not threaten the interests of ordinary people in the State but are, nevertheless, perceived as a threat by a section within the State.

At the moment there is not sufficient ongoing independent oversight of garda surveillance. Surveillance can be authorised by the Minister on application by the Garda Commissioner or the Chief of Staff of the Defence Forces and there is an annual report from a High Court judge to the Taoiseach. We should have a discussion about it but the Government should take on board the views of Digital Rights Ireland. If we do not have measures to prevent abuse of an extension of the surveillance powers of the State and if we do not have ongoing judicial oversight, as opposed to retrospective oversight, we will be extremely concerned about it as it might present a threat to people's right to privacy as well as to their civil liberties.

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