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Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Aengus Ó Snodaigh: ...made a submission on the Bill. If we had a proper Committee Stage, we would be able to bring in witnesses and the Minister could also have brought in witnesses to help his case. For example, the Garda Commissioner or the Chief State Solicitor could have come before us and we could have teased out some of the evidence or lack of it in terms of the issues he raised. The submission of the...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Aengus Ó Snodaigh: I am dealing with section 5. I am suggesting that the measures in section 5 will not deter would-be criminals. I am perhaps pre-empting the Minister's reply that the Garda has the required resources, which he said in response to my last question. The Garda Síochána and the wider system, including the courts system, does not have the required resources. What the Minister is doing in this...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Aengus Ó Snodaigh: ...sympathy for Deputy Flanagan's amendment, although I am opposed to the section. If a defendant has legal representation present, which I assume he or she would, could the defendant call every garda in the locality as a witness to testify that he or she is not a member of a criminal organisation? The Minister says any garda or former garda could be called upon to testify that a person is...

Written Answers — Garda Deployment: Garda Deployment (7 Jul 2009)

Aengus Ó Snodaigh: Question 343: To ask the Minister for Justice, Equality and Law Reform the duties and role of the gardaí allocated to Áras an Uachtarán. [27355/09]

Requests to move Adjournment of Dáil under Standing Order 32 (2 Jul 2009)

Aengus Ó Snodaigh: ...il a chur ar athló faoi Bhuan Ordú 32 chun an gnó práinneach seo a leanas a phlé: the urgent need for the Government to recognise that the drugs trade is not in recession; to congratulate the Garda on yesterday's €1.2 million cocaine seizure, the volume of which underlines once again the need for proper funding of drug addiction and rehabilitation services; and the need for the...

Criminal Justice (Miscellaneous Provisions) Bill 2009: Report and Final Stages (2 Jul 2009)

Aengus Ó Snodaigh: ...the subject had not been convicted of the offence, a statement by the judicial authority confirming that a decision to charge and try the individual had been made. Under the current provision, gardaí may arrest a person on the basis of an alert, before they have an EU arrest warrant, only where they believe on reasonable grounds the person is likely to leave the State before the arrest...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: ...one or two bad tenants can bring down an entire area so we must ensure the proper supports exist for the local authority to address this. If there is drug dealing, it is a matter for the gardaí and requires additional support. Some of the problems can been addressed through extra resources for the local authority. In my area in some houses they were breeding vicious dogs. No one knew...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: ...28 to 37 and substitute the following: "(6) In the circumstances referred to in subsection (4), the referee shall (a) report the matter and any recommendation under subsection 5(b) to— (i) an Garda Síochána Ombudsman Commission, in the case of a contravention by an Garda Síochána, (ii) the Ombudsman for Defence Forces, in the case of a contravention by the Defence Forces, (iii) the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: ...against such mistakes in future. Amendment No. 42 seeks to ensure that one can complain to the complaints referee about more than the authorisations under section 7 on urgent cases involving the Garda that are only approvable under section 8. What if one wants to make a complaint about the conduct of the surveillance judicially approved under section 5 or varied thereafter? Amendments...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: ...the new powers will be used to good effect to ensure criminals are targeted and brought to justice within the boundaries set out in the legislation and that the legislation will be of benefit to An Garda and society as a whole. We set down in law the powers available to An Garda. I hope the concerns we raised will not prove to have been well founded. If they are, I hope we will deal...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: ...judicial hearing. It does not take away from the intent. It is to make sure that consideration of alternative measures was given before approval was granted. We recognise the need for the Garda to be able to, on occasion, issue its own authorisation for surveillance in exceptional, urgent cases, but it is a major power to grant and, as such, the primary legislation underpinning it must...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 29: In page 11, line 36, after "prosecution" to insert the following: ", Garda Síochána Ombudsman investigation, civil case". We discussed this amendment on Committee Stage. The amendment is to ensure that any Garda Síochána Ombudsman Commission investigation or civil case is taken into account when making these decisions. I mentioned a case on Committee Stage,...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Aengus Ó Snodaigh: ...more appalling. It is interesting that the Minister repeated what he stated on Committee Stage, that at some future stage we should examine this. The same attitude was adopted with regard to the Garda Complaints Board, that at some future stage we might change it, give it more powers or make it more effective. This did not happen and because it was so ineffective we, as a society, were...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Aengus Ó Snodaigh: I welcome the legislation. The focus is to ensure compliance with the European Convention on Human Rights and to allow the Garda to comply with the convention in carrying out its duties while also giving officers the legal powers to carry out their duties in gathering evidence. I tabled a number of amendments, some of which would add to the powers they have or make them more practical. We...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 8: In page 5, line 35, after "Síochána," to insert the following: "an officer of an Garda Síochána Ombudsman Commission,".

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Aengus Ó Snodaigh: ...4(1)(a) and 4(1)(b). As I noted, the substitution in amendment No. 46 of the term "the security of the State" with the term "current or future criminal prosecutions" would cover this and mean the Garda Síochána could do its job, gain prosecutions and ensure the information is gathered.

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Aengus Ó Snodaigh: ...'s description of surveillance. The IHRC believes that the current description should be extended to cover this type of photography, as it does not always cover the activity desired by the Garda Síochána. Currently, "surveillance" means monitoring, observing, listening and making recordings of persons. Photographing adds to existing powers and covers the activities in which the Garda...

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Aengus Ó Snodaigh: It is a pity that the Minister cannot accept that the intention of the amendments was not to in any way hamper the day-to-day activities of the Garda. I cannot ask the Minister to consider an alternative wording at this Stage. The wording in the amendment is one we came up with in an effort to be helpful. Surveillance, as defined in the Bill, covers a great deal of Garda activities....

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Aengus Ó Snodaigh: I am disappointed by the attitude of the Minister in that nowadays most cameras are electronic devices in any case. I presume that gardaí, in their day-to-day activity, must have to sign off on the use of cameras and video cameras. This may involve obtaining permission from a senior officer. There is obviously a high threshold set for most of the surveillance devices in question. Perhaps...

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Aengus Ó Snodaigh: .... It raises some concerns in respect of the right to privacy, which is covered by the European Convention on Human Rights. I propose to ensure that the use of surveillance devices by An Garda will not fall outside the law and that there will be a rationale behind their use that at least will have a basis in law. If this is achieved, there will be safeguards similar to those applicable...

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