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. 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, legislative or otherwise, in resolving or minimising the carnage being created by criminal gangs in different communities.

The phrase "for the purpose of preventing the commission of arrestable offences" is quite specific in its intent, although I appreciate it does not refer to a specific arrestable offence. My amendment suggests that there is a logic in having available covert surveillance of the type envisaged in the Bill to investigate and-or gather intelligence on gangland crime in general so that the information is available to the Garda Síochána, providing it with better understanding, knowledge and expertise in tackling the problem, which is broader than specific offences. It is a systems failure in the law and order regime that we try to ensure exists in society. Therefore, there is a logic in broadening the purpose of the Bill and scope of the authority that it provides to conduct this type of investigative and intelligence gathering exercise.

This amendment might be justified. Given the provisions on judicial and police co-operation with other EU member states, such an amendment might be necessary to allow our authorities to co-operate with other member states in carrying out covert surveillance when requested. This matter is provided for in the Schengen Information System II, to which we will become participants. I propose my amendment against this background.

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