Ivana Bacik (Independent)

I thank the Leas-Chathaoirleach for allowing me to speak and I apologise for not speaking earlier on the Bill. I support Senator Regan's amendment. I heard the Minister of State's reply but, given the level of power we grant to superior officers in sections 7 and 8 of this Bill, it is critical we ensure there is a sufficient level of safeguard present to ensure there is no abuse of the power of surveillance.

As I stated on Second Stage, I broadly welcome the Bill. Section 3, in particular, sets out a very important principle to which we shall come. However, it is vital to ensure we do not create powers that are so wide they may be abused. We can all think of instances where covert surveillance powers used by the State might be abused. Senator Regan's amendment would ensure an extra level of safeguard would be in place in that it would require a chief superintendent rather than a superintendent to authorise the placing of tracking devices under section 8 or, in circumstances of urgency, to authorise surveillance under section 7. That is particularly important.

We have seen a great deal of case law emerging on search warrant provisions and provisions in different pieces of legislation that allow searches to be carried out and search warrants to be issued, usually by a chief superintendent. There have been a large number of challenges on the basis of the exercise of these powers by superior officers in the Garda. We must be wary about allowing too broad a power to superior officers in this legislation. I absolutely support Senator Regan's amendment and believe it would strengthen the Bill, as my amendments seek to do at a later stage.