Results 7,321-7,340 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: I move amendment No. 35: In page 13, to delete line 40 and substitute the following: "(a) notify, under subsection (4)(a), the applicant or the other person, if any, of a conclusion".

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

Dermot Ahern: I move amendment No. 37: In page 14, lines 20 to 21, to delete "The Referee may, on his or her own initiative, also investigate" and substitute the following: "(11) The Referee— (a) may, on his or her own initiative, and (b) shall, where a case has been referred to him or her by the designated judge under section 12(8), investigate". Section 11(11) allows the complaints referee to...

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

Dermot Ahern: I move amendment No. 38: In page 14, lines 27 and 28, to delete all words from and including "Interception" in line 27 down to and including "1993;" in line 28 and substitute "Act of 1993;".

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

Dermot Ahern: Section 9 is a technical provision that provides for the retention of materials for three years, or until they are no longer required. I introduced amendments on Committee Stage which we believe will provide additional safeguards with regard to the destruction of this material. The complaints referee and the designated judge have very specific remits within the legislation outside the core...

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

Dermot Ahern: What the Deputy is endeavouring to do in these amendments is to extend the functions of the designated judge under this section. A High Court judge is designated to oversee the operation of the Act's provisions and to make regular reports to the Taoiseach on related matters. To give the judge more powers would confuse the situation. The judge's oversight function is distinct from the...

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

Dermot Ahern: To which amendment is the Deputy referring?

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

Dermot Ahern: Yes.

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

Dermot Ahern: Due to the serious nature of the matter and particularly given the fact that three Ministers are involved, it was felt that the designated judge should liaise with the Taoiseach as the overall person with responsibility for the Government and the State's security. This provision elevates the seriousness of what we are doing in this legislation, namely, invasive surveillance of persons and...

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

Dermot Ahern: I move amendment No. 47: In page 15, between lines 17 and 18, to insert the following: "(8) Where the designated judge investigates a case under subsection (4) and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under section 11(11).".

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

Dermot Ahern: I move amendment No. 48: In page 15, line 21, after "8," to insert the following: "including any information or documents obtained as a result of such surveillance,". This is a technical amendment that makes clear that the word "information" includes information or documents obtained as a result of the surveillance.

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

Dermot Ahern: I move amendment No. 50: In page 16, to delete lines 1 and 2 and substitute the following: ""authorised person" means-- (a) a person referred to in section 62(4)(a) of the Garda Síochána Act 2005, (b) the Minister for Defence, (c) the Minister for Finance, and (d) a person the disclosure to whom is— (i) authorised by the Commissioner of the Garda Síochána, the Chief of Staff of the...

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

Dermot Ahern: I can supply a response. Is moving the amendment allowable?

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

Dermot Ahern: I move amendment No. 52: In page 16, lines 26 and 27, to delete "are admissible" and substitute "may be admitted as evidence". In the interests of accuracy on amendment No. 51, we asked the Parliamentary Counsel to look at it but our view was that we should leave the reference. Amendment No. 52 is a technical amendment that is being made as a consequence of an amendment to section 14(1),...

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

Dermot Ahern: We looked at it and I appreciate what the Deputy wants to achieve here. We must, however, take into account the constitutional rights of citizens, the European Convention on Human Rights and privacy issues. Deputy Noonan rightly stated last night that there is a balance between protecting the rights of the wider community while defending the rights related to the privacy of particular...

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

Dermot Ahern: I move amendment No. 54: In page 17, lines 3 and 4, to delete "are admissible" and substitute "may be admitted as evidence".

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

Dermot Ahern: I thank Deputies for their assistance in the passing of this legislation. I thank the Labour Party for giving us the benefit of its previous legislation. This is an important piece of the jigsaw in the fight against crime.

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

Dermot Ahern: It is for the avoidance of doubt.

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

Dermot Ahern: I thank the Deputies for their remarks. I refer to Deputy McGrath's comments on hammering people who create a demand by taking recreational drugs. While I am inclined to agree with him, I do not wish to paint everyone with the same brush. He mentioned several professions.

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

Dermot Ahern: It would be unfair to say that all members of the media or the music profession indulge. However, I agree with his overall sentiment that some people fuel demand and clearly people are filling that gap. It is the job of all of us to ensure that the proper legislation is in place and sufficient resources are given to the Garda, the Defence Forces, the Revenue Commissioners and the Customs...

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

Dermot Ahern: The provision "initiating or carrying out the authorised surveillance" is broadly drafted in order to catch every circumstance. If the words, "installing or operating" were to be included, my advice from the Garda Síochána is that this would be somewhat restrictive in operation. I ask the Deputy to agree that the way in which it has been drafted is better from a grammatical and linguistic...