Eugene Regan (Fine Gael)

I move amendment No. 3:

In page 7, subsection (4), line 21, to delete "privilege" and substitute the following:

"legal professional privilege or any other privilege recognised by law".

This is an issue of language. Section 5(4) states, "The judge shall not issue an authorisation if he or she is satisfied that the surveillance being sought to be authorised is likely to relate primarily to communications protected by privilege". This should be more specific, particularly in regard to legal professional privilege. That is the essential intent of the Bill. It would be preferable to state "legal professional privilege or any other privilege recognised by law". I have followed the argument of the Minister of State on this issue. It has been indicated in the Lower House that what I propose is what was intended. The framing of the provision as I suggest would be preferable.