Thomas Pringle (Donegal, Independent) | Oireachtas source

I am sorry; that was my mistake. I will speak to the other three. On what the Minister has said with regard to oversight, the section actually says:

A member of Garda personnel may utilise ANPR data to monitor the movements of a particular vehicle (in this section and section 18 referred to as “focussed monitoring”) only if that utilisation— (a) has been approved under this section by a member of the Garda Síochána not below the rank of superintendent following receipt of an application which shall be made by the member of Garda personnel, or

(b) has been authorised by a judge of the District Court

It does not say "and has been authorised by a judge of the District Court". Perhaps I am wrong but my reading of that is that An Garda can do this off its own bat. That is okay. If this amendment was accepted, the next amendment would amend the next section, section 18, to remove the mention of section 17. On amendment No. 4, I believe there should be some oversight of the judges as well.

It is not that anybody is saying that gardaí should not be able to do their job or that they should not do this job. What I am saying is that gardaí can do this job but there should be proper oversight and proper protections. Gardaí have to be conscious of the need to protect everybody's rights. While those subject to monitoring may be deemed criminals, it does not mean that they have fewer rights than any other person living in Ireland. Gardaí have to be conscious of the right of individuals within the country while they are doing their job. Having proper oversight is just par for the course in that job. That is what it should always be about. I do not believe that a member of An Garda Síochána getting authorisation for this kind of monitoring from his or her boss constitutes oversight. That does not work. With the best will in the world, this is also for the protection of gardaí in doing their job. It would mean that they would not be called into question in the future for having done this. This does not work and that is the reason I put forward these amendments. It is very important.

Amendment No. 4 just provides that there should be oversight within the Judiciary. If one judge signs off on this, that is fair enough, but, after a certain period of time, an extra judge should get involved to provide oversight. I do not believe this is that onerous. Obviously, An Garda Síochána may think it is but I do not. We should look at it as providing protection for all citizens within the legislation.

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