Ivana Bacik (Independent)

I am grateful to the Minister of State for his considered response and for the information on the Attorney General's advice and that there are certain operational reasons for the need for a specific time period. The reason for distinguishing a dwelling is not something I have plucked from the air. I accept that sometimes it can be difficult to ascertain whether it is a dwelling but "dwelling" is a legal term used throughout criminal justice legislation and in the constitution as it distinguishes a dwelling from other types of buildings. Case law on search warrants indicates that one can distinguish searches of a dwelling from other types of search of property. The distinction is already there and I am simply seeking to give effect to it in this Bill. I urge the Minister of State to place some distinction to provide an added level of safeguard for the dwelling. It would not be that difficult to do so as I am not suggesting a different procedure but a shorter time limit.

I should have mentioned another matter with regard to section 7(3) to which the Minister of State referred, which provides that the superior officer shall approve the carrying out of such surveillance only if he or she is satisfied that there are reasonable grounds for believing that an authorisation would be issued under section 5 and that the conditions of urgency apply. I wish to express a little caution on this; the superior officer could according to the Bill, although constitutional issues might be raised, be involved in the investigation directly. Is it a sufficient safeguard that he or she would have what seems to me to be the semi-judicial function of being satisfied there are reasonable grounds for believing an authorisation would be issued by a judge? Will the Minister of State consider further making a distinction of some kind where the authorisation or approval relates to a dwelling?