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Seanad: Criminal Justice (Surveillance) Bill 2009: Second Stage (30 Jun 2009)

Eugene Regan: The purpose of the Bill is to allow material gained by covert surveillance to be used in evidence in court. Gardaí have conducted covert surveillance for many years but this Bill provides for the information so gathered to be presented as evidence in court. It is aimed at organised crime but it is also relevant to white collar crime. The Bill provides for the carrying out of surveillance...

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I want to mention two matters on the Order of Business, the first of which is the Local Government (Charges) Bill 2009. Today's newspapers suggest the Minister for the Environment, Heritage and Local Government, Deputy Gormley, has accepted the Joe Duffy amendment to this Bill to exempt mobile homes from the property tax.

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I take it the Seanad debate-----

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I take it the Seanad debate will take place on the basis of the Joe Duffy amendment.

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I hope my time has not been running out.

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I take it the Seanad debate on that Bill will take place on the basis of the amendment. Perhaps the Leader will clarify that. The Enforcement of Court Orders Bill is listed for 2009. It has not been made available yet, which leaves much to be desired in terms of the procedure of this House. I am rather shocked there may not be a debate in this House on the Lisbon treaty before the summer...

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: The Senator cannot get away with that.

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: The Minister is quoted in The Irish Times today.

Seanad: Order of Business (1 Jul 2009)

Eugene Regan: I appreciate that.

Seanad: Order of Business (2 Jul 2009)

Eugene Regan: Last night, the Local Government (Charges) Bill passed Committee Stage and will be concluded today. It is important legislation to provide for a property tax on second residences and includes in section 1 the Joe Duffy amendment that secured an exemption for mobile homes. There will be many Joe Duffy amendments to another measure which the Government seems intent on introducing, namely,...

Seanad: Order of Business (2 Jul 2009)

Eugene Regan: Blame everything on the world economy.

Seanad: Order of Business (2 Jul 2009)

Eugene Regan: The Leader has no responsibility. It is all the fault of the world economy.

Seanad: Order of Business (2 Jul 2009)

Eugene Regan: That is what I was reminding the Leader about.

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: I move amendment No. 1: In page 4, line 31, after "of" to insert "chief". As the Minister of State will know, we on this side of the House support this Bill but our intention with this amendment and others is to ensure the legislation is immune from challenge. As there is an interference with the right to privacy, it is all the more important the Bill should be drafted in such a way as to...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: Yes, I see that. The rank stated is of superintendent.

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: I move amendment No. 2: In page 6, subsection (1)(b), line 11, after "or" to insert the following: "to investigate and/or gather intelligence on gangland crime, or". This section sets out the Bill's purpose. The background to this and other legislation that we are considering this week is that gangland crime is out of control and that the Government is not succeeding with current resources,...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: I move amendment No. 3: In page 7, subsection (4), line 21, to delete "privilege" and substitute the following: "legal professional privilege or any other privilege recognised by law". This is an issue of language. Section 5(4) states, "The judge shall not issue an authorisation if he or she is satisfied that the surveillance being sought to be authorised is likely to relate primarily to...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: I move amendment No. 4: In page 7, subsection (7), line 38, after "place" to insert "and to interfere with that place". Whenever this type of legislation is challenged, it will be done forensically. It is vital that this provision be carefully crafted. Section 5(7) states: "An authorisation may authorise the superior officer named in it, or any member of the Garda Síochána...accompanied...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: The Minister of State is being very polite in his rejection of all these amendments, including this one and presumably those that are yet to be discussed. He should, however, reflect on the suggestions from this side of the House. We support the Bill and are trying to be constructive. Some reflection on this and other amendments is warranted. I invite the Minster of State to consider this...

Seanad: Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages (2 Jul 2009)

Eugene Regan: I support this amendment because distinguishing the dwelling or home would be proportional to the constitutional protections afforded in Article 40.5 and the inviolability of the dwelling. I commend the amendment.

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