Seanad debates

Thursday, 2 July 2009

Criminal Justice (Surveillance) Bill 2009: Committee and Remaining Stages

 

Photo of Ivana BacikIvana Bacik (Independent)

I do not have any objection to the wording but I note the Human Rights Commission made a very useful proposal that this section would be used to allow the relevant Minister to require particular codes of practice to be drawn up relating to the operation of the Bill. I have already referred to the need for some form of code of practice governing the placing and removal of tracking devices. I note that in the British legislation, section 71 of the Regulation of Investigatory Powers Act 2000 obliges the Home Secretary to issue codes of practice relating to the exercise of surveillance powers and duties. The Human Rights Commission has suggested that this would be useful to include in this Bill because it would allow such a code to be proofed against and underpinned by relevant human rights standards. This might be a useful aid in ensuring that the powers provided for in the Bill would be carried out in a proportionate and reasonable manner. Section 16 as drafted allows for such codes of practice to be drawn up but I merely wish to put on the record of the House the fact that they would be very useful and really important in ensuring that the powers authorised by the Bill are carried out in a reasonable way.

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