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

John Curran: I acknowledge the typo and I got the drift from the other two amendments that they were all related. I gave this matter some thought from a practical point of view because I had listened to the previous debate. The amendment deals with where an approval is given in an urgent situation by a superior officer where there is insufficient time to apply to the District Court for an authorisation....

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

John Curran: The advice received and concern raised from an operational point of view was that where decisions needed to be made in real time with a degree of urgency, it would not always be possible in a practical manner to determine whether a property was somebody's dwelling. With regard to the more fundamental point on 24 hours or 72 hours, the provision is based on the very strong advice of the...

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

John Curran: It might be difficult to determine in the 24 hours whether the building was a dwelling and may not be as easy as Senator Regan suggests. I wish to point out that it is not an automatic 72 hours, it is up to 72 hours and there are grounds on which the decision is made. This is also to allow for the withdrawal of the device.

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

John Curran: The 72 hours was the subject of some considerable discussion. It will be used only in very extreme circumstances and will not be the norm. It is not possible to extend the period beyond 72 hours in this process; it requires judicial input. From that point of view I cannot accept the amendment because the provision is based on the strong advice of the Attorney General's office and the Garda...

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

John Curran: These amendments seek to make the use of tracking devices by the Garda Síochána subject to judicial authorisation rather than the system of approvals currently provided for in the Bill. The use of tracking devices is regarded as a less intrusive means of surveillance compared to others. Tracking devices are defined for the purpose of the Bill as devices to provide information on the...

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

John Curran: To reiterate, the system of approvals was deemed appropriate where the use of tracking devices is regarded as less intrusive. From a practical and operational point of view, it is important to try to get the balance right with regard to the necessity for fast action and, on the other side, the reporting and safeguards. It is not just a question of a tracking device being switched on for...

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

John Curran: Yes. Question, "That the words proposed to be deleted stand", put and declared carried.

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

John Curran: The amendment seeks to provide that the approvals system which applies to the use of tracking devices would only be utilised in circumstances of urgency as set out in section 7(2). Tracking devices within the definition provided for in the Bill provide information on location only. They are less intrusive in character than other surveillance devices. They do not record sound or capture...

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

John Curran: The amendment provides for the replacement of section 12(1) which provides that the President of the High Court having consulted with the Minister would invite a serving High Court judge to undertake the duties specified. If the invitation were accepted the Government would designate the judge for the purpose of performing those functions. The amendment provides that the Minister would...

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

John Curran: I acknowledge the Senator's contribution.

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

John Curran: Under the Garda Síochána Act 2005, the investigative staff of the Garda Síochána Ombudsman Commission have all the powers of the Garda Síochána with the exception of the interception powers under the Interception of Postal Packets and Telecommunications Messages Regulation Act 1993 and any provisions of the Offences against the State Acts 1939 to 1998. The decision taken at the time of...

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

John Curran: The Office of the Police Ombudsman for Northern Ireland does not have the interception powers or the surveillance type powers envisaged in this legislation. It was established in 2001 and I understand those matters have been reviewed. Our commission was modelled on it and further consideration will be given not just to the surveillance issue but to the interception question also.

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

John Curran: I thank Senators for their contributions today and during the debate on Second Stage. I acknowledge the support from all sides for this legislation. I do not view the amendments as opposition but as attempts to tease out the contents of the Bill and to be satisfied that it is effective and robust. I view the amendments in that spirit. The Bill pushes out the boundaries but we face a very...

Written Answers — Anti-Racism Measures: Anti-Racism Measures (7 Jul 2009)

John Curran: I will shortly arrange to publish the final report of the Steering Group set up to oversee the implementation of the National Action Plan Against Racism on the new website for my Office which was launched on 25 June. The website is available at www.integration.ie. The Group states that, while the National Action Plan Against Racism was an ambitious plan and not everything was achieved "...

Written Answers — Departmental Schemes: Departmental Schemes (7 Jul 2009)

John Curran: Under the current Scheme, which has been suspended pending the completion of a review, carbon monoxide monitors and similar devices were eligible for support. The review, which I hope to complete by mid-September, will look at the range of issues including the types of equipment that might be supported under a revised Scheme.

Written Answers — Community Development: Community Development (7 Jul 2009)

John Curran: The Community Development Programme is designed to reduce social exclusion by targeting support at disadvantaged and socially excluded communities in order to improve their capacity to benefit from social and economic development. The project referred to in the Deputy's question received the following funding under the Community Development Programme in the past four years: 2005:€107,200.00...

Written Answers — Care of the Elderly: Care of the Elderly (7 Jul 2009)

John Curran: Under the Scheme of Community Support for Older People, which was suspended on 7th April pending a review of the Scheme, personal alarms and other security devices were eligible for support. The review of the Scheme will look at the range of issues, including the types of equipment that might be supported under a revised Scheme. The review is currently underway and I hope to be in a...

Written Answers — National Drugs Strategy: National Drugs Strategy (7 Jul 2009)

John Curran: The revised funding allocations for the period July to December 2009, taking account of the Supplementary Budget in April, have now been advised to all Local Drugs Task Forces (LDTFs). As I have pointed out previously, the challenges posed by the reduction in funding arising from the reduced budget allocations means that some schemes will be affected. However, I believe that if properly...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

John Curran: I thank the House for agreeing to consider all Stages of the Bill this afternoon.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Second Stage (7 Jul 2009)

John Curran: I thank the Senator for his comment. When I finished in the House on Friday afternoon I did not realise I would be back here so soon. The House will be aware that the Bill flows from the issues raised in the recent High Court judgment in the McCann case in which the applicant successfully challenged the constitutionality of section 6 of the Enforcement of Court Orders Act 1940. The High...

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