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

Aengus Ó Snodaigh: I move amendment No. 39: In page 14, line 30, to delete "8" and substitute "9". This is to extend the appeal mechanism, namely, that the complaints referee shall be able to investigate and adjudicate on section 9 as well as on the other sections as provided for in the Bill. "Relevant contraventions" means a contravention of provisions of sections 4 to 8. It extends the meaning to deal with...

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

Aengus Ó Snodaigh: I move amendment No. 41: In page 14, between lines 43 and 44, to insert the following: "(4) Reports under subsection(3)(b) shall include the following: (i) the steps taken to keep the operation of the Act under review; (ii) the number of individual files reviewed; (iii) the volume of surveillance carried out; (iv) whether mistakes were made in the carrying out of surveillance (such as the...

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

Aengus Ó Snodaigh: May I move it on Deputy Rabbitte's behalf?

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

Aengus Ó Snodaigh: We have done a good day's work. We welcome the Bill despite our concerns. We tried, through our amendments, to have a better Bill. I hope 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...

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

Aengus Ó Snodaigh: I have tabled a number of amendments. The first in my name in this grouping is amendment No. 17, which seeks to insert three additional points which would be required for the record of approval, namely, the grounds on which the approval was granted, the less intrusive or other means considered and determined insufficient and the efforts made to secure an emergency judicial hearing. It does...

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

Aengus Ó Snodaigh: I move amendment No. 15: In page 8, between lines 3 and 4, to insert the following: "(3) The information on oath supporting the application shall include a copy of the written record of approval concerned, a summary of the results of the surveillance carried out and the reasons why varied or continued surveillance is required.". This amendment is similar to my other amendments. It provides...

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

Aengus Ó Snodaigh: I move amendment No. 28: In page 11, between lines 29 and 30, to insert the following: "(12) All regulations made pursuant to subsection (11) shall require the prior approval of the Dáil.". I have proposed similar amendments to a number of justice Bills. The amendment will give greater scrutiny to the House when making or changing regulations. In a number of places this Bill gives the...

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

Aengus Ó Snodaigh: The courts would be happy if regulations were subject to some type of oversight and debate in the House rather than simply placed in the Oireachtas Library. The intention is not to delay. The Minister is correct that some of these amendments are not contentious. The amendment seeks to give more powers to the House. There is nothing to prevent a series of these regulations being made,...

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

Aengus Ó Snodaigh: The Minister has indicated he will not accept it. I will withdraw it rather than delay proceedings.

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,...

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: This an urgent matter which requires urgent address. If it is necessary for the House to sit longer hours or additional days, we should consider doing so. Given that additional and late sittings are scheduled for next week and proposed for the following week, it should be possible to commence a debate on the matter under discussion. If such a debate cannot be concluded in the next two...

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: It is a very serious matter.

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: The Chair does not have to worry about matters in his constituency.

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

Aengus Ó Snodaigh: I welcome Deputy Byrne's intervention and I agree that the intention of the legislation is to tackle crime. As I stated on Committee Stage, if that crime is carried out by a person in uniform, it is even 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...

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: I move amendment No. 9: In page 5, line 37, after "surveillance" to insert ", including by means of a tracking device,".

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

Aengus Ó Snodaigh: I move amendment No. 10: In page 6, to delete lines 8 and 9. This is an amendment I tabled on Committee Stage. The power referred to in this case is that the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State. The amendment proposes the deletion of those words. This is vague and does not add to the Bill. Most of subsections (a)...

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

Aengus Ó Snodaigh: The intention in these amendments is not to undermine the security of the State. In amendment No. 46, "the security of the State" is substituted by "current or future criminal prosecutions". The Bill seeks to ensure surveillance for the purpose of gaining criminal prosecutions against those who are carrying out crime or likely to do so. I believe the term "the security of the State" is too...

Written Answers — Local Authority Funding: Local Authority Funding (24 Jun 2009)

Aengus Ó Snodaigh: Question 51: To ask the Minister for the Environment, Heritage and Local Government the levels of funding he has provided to each local authority for grants in respect of adaptations or extensions to private housing under the housing adaptation grant schemes for older people and people with a disability, and the mobility aids grant scheme for each of the past five years; and if this funding...

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