Results 761-780 of 1,591 for speaker:Eugene Regan

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.

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

Eugene Regan: In those 24 hours one would have access to the building and I presume there would be analysis of why one is going into that building. One would have background information prior to entering any building to install equipment for covert surveillance. However, having entered the building and having full knowledge of what it looks like, in the 24-hour period during which one has installed the...

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

Eugene Regan: I move amendment No. 8: In page 10, subsection (1), line 17, to delete "superior officer" and substitute "Judge of the District Court". This amendment concerns tracking devices and the judicial supervision or authorisation I suggest should be applicable in this case. I return to the European Convention on Human Rights, which has held that privacy issues arise where there is a systematic or...

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

Eugene Regan: The background to this legislation is the extreme situation that exists with regard to gangland crime and organised crime. In this extreme situation, it can seem petty to suggest safeguards and amendments to a Bill, the very purpose of which is legitimate and of vital importance. However, if I read the Bill correctly, the application for these tracking devices and for surveillance does not...

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

Eugene Regan: For the application for approval.

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

Eugene Regan: I move amendment No. 10: In page 10, subsection (2), line 20, to delete "superior officer" and substitute "Judge of the District Court". 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)

Eugene Regan: I move amendment No. 11: In page 10, subsection (3), line 33, to delete "superior officer" and substitute "Judge of the District Court". 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)

Eugene Regan: I move amendment No. 12: In page 10, subsection (6), lines 46 and 47, to delete all words from and including "A" in line 46 down to and including "section" in line 47 and substitute the following: "When an approval under this section is granted, a superior officer of the member or officer referred to in subsection (1)". Question, "That the words proposed to be deleted stand", put and declared...

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

Eugene Regan: I move amendment No. 13: In page 15, lines 27 to 31, to delete subsection (1) and substitute the following: "(1) The Minister shall invite a retired judge of the High Court to undertake the duties specified in this section and, if the invitation is accepted, shall designate the judge for the purposes performing those functions.". This provides for judicial oversight after the event by the...

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

Eugene Regan: Section 17 proposes to preclude the Garda Síochána ombudsman from availing of the provisions of this Bill when it may be in the course of carrying out its functions, which have been designated to it by the Oireachtas, as an independent oversight of the Garda Síochána. Not to be in a position to avail of the instruments which are provided for in the Bill limits the capacity of that body...

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

Eugene Regan: Is it true that the situation is similar to that in England? As I understand it, the practice in Northern Ireland, England and Wales, is that the equivalent bodies have this power. The Minister of State referred to operational experience - I think that was the term he used - of the Garda Síochána Ombudsman Commission but the Garda Síochána must gain operational experience in the area of...

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

Eugene Regan: On a point of order, the Bill is listed on today's Order Paper only for Committee Stage.

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

Eugene Regan: I appreciate the Minister has considered each of the proposed amendments, although he has rejected all of them. I hope the Bill, when it is adopted and put into practice, will not fail because of the intransigence regarding some of those amendments, which were made in a constructive manner and were designed to improve and strengthen the Bill. We are adopting this legislation in extreme...

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

Eugene Regan: I am glad Senator Harris is not here.

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

Eugene Regan: I appreciate that.

Seanad: Garda Vetting Procedures (2 Jul 2009)

Eugene Regan: This matter relates to the Garda vetting application form. This is a procedure applied by the Garda Síochána in respect of a number of applications for FÁS programmes or from individuals who are involved in sports or youth clubs or charities. It is a form which is provided to individuals who must complete it and bring it to the Garda station where it is completed and stamped by a garda....