Mick Wallace (Wexford, Independent) | Oireachtas source

Terrorist acts are no excuse for us not to legislate properly or not to follow international best practice. The Minister pointed out that under current legislation, only the Minister, after an application has been made to him or her, may grant authorisation to intercept communications. This is not a safeguard. Surveillance based on political authorisation rather than a judicial warrant is not best international practice. The powers granted to the Minister for Justice and Equality of the day under section 2 of the Act are possibly beyond the expertise of any Minister. For example, if the Garda Commissioner tells the Minister that all other means have failed or are likely to fail to produce the desired information and surveillance is necessary, how does he or she prove this? Is the Minister qualified to assess the proof if any is presented? In the US, all applications for interception of communications must be made in writing under oath or on affirmation to a judge of competent jurisdiction, including a full and complete statement on whether other investigative procedures have been tried and failed, or why they reasonably appear to be unlikely to succeed or to be too dangerous. Is any Minister for Justice and Equality competent in these areas? Is the Minister presented with the full evidence of the attempts and failures-----

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