Eugene Regan (Fine Gael)

I move amendment No. 8:

In page 10, subsection (1), line 17, to delete "superior officer" and substitute

"Judge of the District Court".

This amendment concerns tracking devices and the judicial supervision or authorisation I suggest should be applicable in this case. I return to the European Convention on Human Rights, which has held that privacy issues arise where there is a systematic or permanent record of activities carried out by an individual, even in a public place. The tracking of the location of a person, vehicle or thing and the recording of data relating to that person or thing amounts to an interference with the right to privacy within the meaning of the convention. That interference can be justified where it is authorised by law, as we know, as long as there are adequate safeguards. There is a very important case concerning surveillance, that is, Klass v. Germany, and it is acknowledged that abuse of surveillance is quite easy and that it is desirable to have judicial control in authorising such surveillance. The question is whether there are adequate safeguards in this Bill to justify the procedure envisaged here.

These amendments propose that judicial authorisation would be required, as in the case of surveillance per se, but this is another type of surveillance and should be subject to judicial authorisation. It is included in this Bill, with the objective of being able to use information gathered in this way in a court as evidence, and in that light the same safeguards should be incorporated into the acquiring of such information to make it legitimate and ensure it is not subject to judicial challenge, or at least it is less likely, if subjected to such a challenge, to be found to be unlawful.