Eugene Regan (Fine Gael)

Section 17 proposes to preclude the Garda Síochána ombudsman from availing of the provisions of this Bill when it may be in the course of carrying out its functions, which have been designated to it by the Oireachtas, as an independent oversight of the Garda Síochána. Not to be in a position to avail of the instruments which are provided for in the Bill limits the capacity of that body to fulfil its role. I do not see the justification for this provision in section 17.

The Garda Síochána Ombudsman Commission has a very limited role in this Bill. If it is to carry out its duties effectively, and where it is investigating abuses, it should have all of the necessary facilities to do so effectively. I fail to understand the rationale for this provision and the reason the Garda Síochána Ombudsman Commission is specifically precluded from availing of this facility where it may find it necessary to carry out an investigation into the investigation by the police force of what can be very serious crimes.

We know the background to the potential for abuse. We have had the Morris tribunal and we have all been shocked by the extent to which abuses can take place. Given the importance of this Bill and the interference with the right to privacy which we know is justified in the vast majority of cases where this will be used, there is potential for abuse of this system for personal gain by individuals in the force. If this provision and facility was available to the Garda Síochána Ombudsman Commission, this would be a significant deterrent against any potential abuse and it would be an additional safeguard that should be included in the Bill. I have difficulties with section 17 which I oppose.