Helen McEntee (Meath East, Fine Gael) | Oireachtas source

They are all connected and one is consequential on the other so I will address them together, if that is okay. Essentially, this section allows An Garda Síochána to undertake focused monitoring, particularly through the use of automatic number plate recognition, ANPR. For example, if An Garda Síochána felt a particular person with a particular car needed to be monitored, it could get permission to be alerted if that car passed an ANPR monitor. Under the section, permission or approval would have to be sought from an officer at the rank of superintendent and this monitoring could be carried out for a maximum of three months. Evidence would obviously have to be provided as to why the monitoring was required.

The Deputy's first amendment proposes the removal of the entire section so as to disallow this kind of focused monitoring. The second amends the length of time monitoring can be carried out for. This second amendment would obviously fall if the section was removed. The third and fourth amendments refer to how this period can be extended. As I have said, approval must be sought at the level of superintendent within An Garda Síochána but any extension beyond three months would require the approval of a District Court judge. It is not the case that An Garda Síochána could decide to extend this monitoring for any length of time. If it goes beyond three months, it would have to go to a District Court judge. After those three months, if a further extension is required, it would again have to go to a District Court judge.

The Deputy's amendment suggests that if, after a number of iterations, another extension is sought, it would have to go to the Circuit Court. It is generally agreed that going to a District Court judge constitutes a level of oversight that is in line with what is being requested here. Again, this is to allow gardaí to be able to do their job. I believe there is relevant oversight. The section does say that approval "shall not exceed a duration of 3 months". It is generally the intention of An Garda Síochána for such monitoring only to be needed for a matter of weeks or months. If it exceeds that, the matter must go to a District Court judge. It is really important that An Garda Síochána has this type of technology available to it to assist gardaí in doing their everyday job.

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