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. 4:

In page 7, subsection (7), line 38, after "place" to insert "and to interfere with that place".

Whenever this type of legislation is challenged, it will be done forensically. It is vital that this provision be carefully crafted. Section 5(7) states: "An authorisation may authorise the superior officer named in it, or any member of the Garda Síochána...accompanied by any other person whom he or she considers necessary, to enter, if necessary by the use of reasonable force, any place ["any place" is defined as a dwelling, building, vessel etc.] for the purposes of initiating or carrying out the authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the place". While one is authorised to enter the place "for the purposes of initiating or carrying out the authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the place", is a refinement of the language required to cover both entry to the place and the interference therewith in the placing of bugging equipment or whatever equipment is required to carry out surveillance? Is there wording missing? My amendment gives authorisation to enter a place for the purpose of surveillance and to interfere with that place – essentially a property – for the purpose of installing surveillance equipment.

Comments

No comments

Log in or join to post a public comment.