John Curran (Dublin Mid West, Fianna Fail)

The amendment seeks to provide that the approvals system which applies to the use of tracking devices would only be utilised in circumstances of urgency as set out in section 7(2). Tracking devices within the definition provided for in the Bill provide information on location only. They are less intrusive in character than other surveillance devices. They do not record sound or capture images. If a particular device used carries out any of these functions in the course of a surveillance operation, it is no longer considered to be a tracking device and is subject to the same authorisation procedure required for the use of other surveillance devices. It is because of the less intrusive nature of tracking devices that an approvals system rather than a court authorisation procedure is used. 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 the tracking device and the provision of an effective regulatory framework for their use.

Tracking devices monitor the movement of persons, vehicles or things. The opportunity for and timing of their placement is critical if they are to be used successfully. A tracking device could be attached to a package, such as a drugs shipment at a port, or to a vehicle. In many cases its placement could be required at short notice. Otherwise the opportunity to prevent or solve a crime could be lost because the vehicle or package could have moved on. As with the approval for surveillance in a case of urgency, it is imperative the Bill provides an efficient and practical system which can be used by the Garda Síochána and which does not result in unnecessary delay while a court application is sought. Such a delay could hinder or jeopardise an investigation. As a counterbalance the Bill provides for a stringent system of controls for the use of tracking devices, including rules, record keeping and reporting in cases in which such approval is granted. The kernel of the argument, as in the previous debate, is that tracking devices are specifically dealt with in the sense that they are deemed to be significantly less intrusive than other forms of surveillance. It is in this regard that the distinction has emerged.