Ivana Bacik (Independent)

Broad purposes are provided in section 4(1). It is a critical section because it provides for the application for authorisation to a judge. The purpose for which the application may be made is broad, namely, "as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence" or "preventing the commission of arrestable offences".

I wish to address the broader purpose outlined in section 4(1)(c) on surveillance being sought to be authorised, namely, "maintaining the security of the State". This is also provided for under section 4(2) in respect of superior officers in the Defence Forces. I wish to put on record the necessity of ensuring judicial authorisation where such a sensitive purpose is cited as the reason for seeking authorisation for surveillance devices. We are all familiar with the history of the use of political bugging, and not just in this country. In the well known Kennedy case, the right to privacy was discussed by the courts in the context of bugging. In Britain it became public knowledge, after the event, that a good deal of bugging had been carried out on persons who were simply involved in legitimate civic protests. The bugging was authorised under the very vague heading of "maintaining the security of the state". I am not arguing against it but simply saying I am glad judicial approval is necessary under section 4, particularly where that purpose is cited. This is why I have tabled amendments to sections 7 and 8. It is partly because it is rather dangerous to grant the power to a superior officer in the Garda or Defence Forces for the aforesaid purpose without there being very tight safeguards in place.