David Norris (Independent)

I notice the Revenue Commissioners can apply to carry out surveillance. This must be considered only in a serious situation. I do not believe every little person who is massaging his tax returns should be subject to this. They deserve a little slack and not this kind of surveillance. The Minister of State spoke about ex parte applications. Of course the application would be ex parte as one would hardly send a notification to the person to be subjected to secret surveillance.

The provision in section 11 is excellent. It is a necessary and important corrective that people who are subjected to secret surveillance will have the right to make an appeal and should be compensated. I say this as someone who had his telephone bugged a number of years ago. I found the situation irritating, laughable and entertaining, but I would have made a complaint if possible and would have claimed €5,000 as well. That would have been welcome.

I note the Ministers for Justice, Equality and Law Reform, Defence and Finance may make regulations under the Act. Why is this? This function should be centralised. This is a matter of justice and only the Minister for Justice, Equality and Law Reform should have this power. I do not want the Minister for Finance sticking his nose into this, nor do I want the Minister for Defence doing so. They should have to work through the Department of Justice, Equality and Law Reform and should not be given free rein.

Before I come to the briefing by the Irish Human Rights Commission, I refer to the dreadful lost opportunity by the Government when it downsized and made its mean-minded attacks on various organisations. Today, I am sad to say, is the day of the funeral of the Combat Poverty Agency, which is shameful. The Irish Human Rights Commission has survived but in a slightly downsized form. I urge the Minister of State to take back to his colleagues the suggestion made at the launch of the last annual report that the Irish Human Rights Commission should be used by Government. It should send legislation to that so that it can be human rights proofed. The Government does not have to take up all its suggestions but this practice would be very useful and would cut some corners. The commission suggests that the definition of surveillance should include ongoing repeated photographing of people so that such actions by the Garda would also be subject to review. What is sauce for the goose is sauce for the gander.

With regard to tracking devices, four months is too long a time without a requirement to return to the judge to ask for an extension. In the case of a review by a High Court judge, when something suspect is discovered, the object of surveillance must be informed. This is good. I believe the Garda Síochána Ombudsman Commission should also be included in the Bill. I suggest we follow the principle that what is sauce for the goose is sauce for the gander. If there is criminal activity against a member of the public by a person who happens to be a member of the Garda, that person should have the right to get the Garda Síochána Ombudsman Commission to use the same machinery against that member.

A detailed and accessible code of human rights-based practice should be included in the regulations to be published by the Minister for Justice, Equality and Law Reform so that citizens can consult it to see where they stand with regard to this important new legislation. In general and in outline, I welcome what the Minister is doing with this Bill.