Ivana Bacik (Independent)

I would oppose the exclusion of the Garda Síochána Ombudsman Commission from the powers provided for in this Bill. Again I am grateful to the Human Rights Commission for providing us with very extensive notes. The commission points out that the functions of the commission include the investigation of complaints concerning the investigation of alleged arrestable offences involving members of the Garda Síochána. It would be important and in keeping with the European Convention on Human Rights that where there has been an allegation of an arrestable offence having been committed by an agent of the State, the institution or the entity which must investigate such allegations should have the same or equivalent powers as agencies of the State investigating the allegations of arrestable offences committed by ordinary members of the public. There is a difficulty where the commission does not have the same powers as the Garda Síochána in terms of the same sort of offences. Indeed, the Garda Síochána Ombudsman Commission also investigates complaints concerning death or serious injury to a person. Excluding the commission from the surveillance legislation seems to be out of line with good practice in neighbouring jurisdictions. It is unfortunate to see that it is excluded and that it does not have the same powers that are been provided for here.