John Curran (Dublin Mid West, Fianna Fail)

These amendments seek to make the use of tracking devices by the Garda Síochána subject to judicial authorisation rather than the system of approvals currently provided for in the Bill. The use of tracking devices is regarded as a less intrusive means of surveillance compared to others. Tracking devices are defined for the purpose of the Bill as devices to provide information on the location of a person, vehicle or thing. In providing for a system of approvals rather than authorisations, the Bill seeks to achieve a balance between the necessity for fast action in the placing of tracking devices and the provision of an effective regulatory framework for their use. While the tracking devices do not require judicial authorisation, they are subject to the oversight framework laid down in the Bill for surveillance devices.

Tracking devices provide information on the location of persons, vehicles or things, and the opportunity and timing of their placement is critical if they are to be successfully used. A tracking device can be attached, for example, to a package that is suspected to be a drugs shipment as it arrives in port, or to a vehicle. In many cases its placement will be required at short notice; otherwise, the opportunity to prevent or solve a crime would be lost because the vehicle or package may have moved on. As with approval of surveillance in cases of urgency, it is imperative that the Bill provides for an effective and practical system that can be used by the Garda Síochána which does not result in unnecessary delay while a court application is sought - a delay that might hinder or jeopardise an investigation.

As a counterbalance, the Bill provides for a stringent system of control for the use of tracking devices, including rules on record keeping and reporting where such approval is given. Although the function of tracking devices as surveillance devices is somewhat limited, the timely use of a tracking device can be an effective tool in the armoury of both security and customs personnel.

For those reasons, I do not propose to accept the amendments.