Results 5,361-5,380 of 6,728 for speaker:John Curran

Written Answers — Security of the Elderly: Security of the Elderly (2 Jul 2009)

John Curran: The Scheme of Community Support for Older People was suspended on 7th April. This was done with a view to affording my Department the opportunity to review the Scheme's operation and to consult with interested parties over the next few months to address a number of concerns. The review is currently underway with a view to making a revised scheme available in the autumn.

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

John Curran: I thank Senator Regan for his comments today and on Second Stage, and for broadly supporting this legislation. The definition of superior officer in context, as currently drafted, provides for the person to be a member of the rank of at least superintendent in the case of the Garda Síochána. To clarify this for the Senator, it is not merely a "member" of the Garda Síochána. The...

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

John Curran: The Bill governs the use of surveillance, not only by the Garda Síochána but also by members of the Defence Forces and officers of the Revenue Commissioners. It is intended in the Bill that members of an equivalent level of authority in each of these State agencies would apply to the court for authorisations to carry out surveillance and to grant approvals both in cases of urgency and for...

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

John Curran: I thank Senator Bacik for her support for this legislation. I considered the matter but was conscious of the balance to be struck in what is practical and achievable. On the advice available, I believe the rank of superintendent has sufficient capacity and authority and, therefore, I will not accept the amendment.

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

John Curran: I am advised that, from an operational and practical point of view, the rank of Garda superintendent is appropriate and would have sufficient authority. We should not consider the matter in isolation. Apart from the person making the application, a number of other checks and balances exist throughout. The superior officer making the application must have reasonable grounds and so forth in...

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

John Curran: Section 4 provides the circumstances under which an authorisation may be sought. Subsection 1 deals with applications made by members of An Garda Síochána. The applicant must have reasonable grounds for believing that the surveillance is necessary for obtaining information about the commission of an arrestable offence, for the prevention of arrestable offences or for maintaining the...

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

John Curran: While the use of the term "privilege" generally refers to legal professional privilege, there are other types recognised by law, for example, discussions at Cabinet and sacerdotal privilege. The current wording incorporates all forms of privilege recognised by law. While I appreciate the Senator's motives, I do not believe his amendment is necessary and I do not propose to accept it.

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

John Curran: Section 5(7) already provides that an authorisation or approval may authorise a member of the Garda Síochána, the Defence Forces or the Revenue Commissioners to enter any place if necessary by use of reasonable force for the purpose of initiating or carrying out surveillance and withdrawing a surveillance device without the consent of a person who owns it or is in charge of the place. The...

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.