Seanad debates

Thursday, 2 July 2009

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

 

Photo of Eugene ReganEugene Regan (Fine Gael)

I move amendment No. 1:

In page 4, line 31, after "of" to insert "chief".

As the Minister of State will know, we on this side of the House support this Bill but our intention with this amendment and others is to ensure the legislation is immune from challenge. As there is an interference with the right to privacy, it is all the more important the Bill should be drafted in such a way as to minimise the possibility of challenge and there should be adequate safeguards in place to ensure that is the case. That is required under the provisions of Article 8 of the Convention of Human Rights whose criteria are reflected in our law.

This amendment provides that under the definition of superior officer it would not be merely a "member" of the Garda Síochána but a chief superintendent who would grant the authorisation. Nobody below the rank of chief superintendent could do so. The amendment was drafted as a constructive suggestion to enhance the legitimacy of the interference with the right to privacy which is central to this Bill.

Comments

No comments

Log in or join to post a public comment.