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

To clarify, section 17(1) includes a section 17(1)(a) and a section 17(1)(b), the latter of which reads "has been authorised by a judge of the District Court under section 18." Section 18 states: "If an approval under section 17 has been granted and a member of the Garda Síochána not below the rank of superintendent believes that focussed monitoring of the vehicle concerned for more than 3 months [...] is justified" the matter will go to the District Court. For up to three months, approval may be granted by an officer at the level of superintendent or above. Evidence has to be provided to allow for this to happen. Where the matter goes to a judge, a member of An Garda Síochána would have to provide information on oath and swear before a judge. Obviously, this is not something gardaí will do lightly or without the correct facts and information. I fully agree with the Deputy that gardaí are there to treat all people equally but it is also their job to keep us safe. This gives them the ability to deal with criminals, those who would break our law. I believe it is important that An Garda Síochána has the right tools and technology. That is what this Bill is about. It is about providing the technology, with the right level of oversight, to allow An Garda Síochána to do its job and to convict criminals engaged in various different forms of crime. This section applies to arrestable offences, that is, offences attracting a penalty of imprisonment of five years or more. We are not talking about petty theft or antisocial behaviour but about very serious offences. It is not going to be applied in absolutely every circumstance. It is a very necessary part of this legislation and that is why I cannot accept these amendments.

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