Seanad debates
Thursday, 2 July 2009
Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages
Ivana Bacik (Independent)
I am grateful to Senator Regan for making the very obvious point that 24 hours would be enough time to ascertain whether the premises was a dwelling. The Minister of State's point on the maximum period reminds me of the old saying that housework expands to fill the time available. I do not know whether the Minister of State is familiar with that. Similarly, where there is a power to use surveillance for up to 72 hours, I suspect that the maximum period would almost invariably be used. There is no requirement for any extra authorisation. I am trying to remember the new provisions with regard to detention powers; after the first 12 hours there must be further authorisation and again after another 12 hours up to a maximum of 72 hours. Had I thought of it, I could have tabled an alternative amendment to require a review of the time period after 24 hours and at that point the superior officer could further authorise up to a maximum of 72 hours where a dwelling was concerned. This would have been a relevant safeguard, and there is a precedent with regard to detention powers, because 72 hours is quite a lengthy period to have one's home under surveillance and we must keep this practical reality in mind as we debate the Bill.
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