John Curran (Dublin Mid West, Fianna Fail)

Under the Garda Síochána Act 2005, the investigative staff of the Garda Síochána Ombudsman Commission have all the powers of the Garda Síochána with the exception of the interception powers under the Interception of Postal Packets and Telecommunications Messages Regulation Act 1993 and any provisions of the Offences against the State Acts 1939 to 1998. The decision taken at the time of the enactment of the Garda Síochána Act 2005, was that it would be preferable to wait until the Garda Síochána Ombudsman Commission had gained more operational experience before considering the application of interception powers to it. It is the Minister's position that this should also apply to the surveillance powers under the Criminal Justice (Surveillance) Bill at this time and, accordingly, section 17 of the Bill has been included which amends section 98(5) of the Garda Síochána Act 2005. The provisions of the Criminal Justice (Surveillance) Bill do not apply to the Garda Síochána Ombudsman Commission.

The commission has a role under this legislation in that section 11 of the Bill allows the complaints referee to refer a matter to the ombudsman commission where he or she believes there has been a contravention of the Act by the Garda Síochána.

The surveillance Bill is a very specific measure which has been brought forward specifically in the context of a robust response to the threats posed by serious crime. It provides for the first time a basis in law for secret surveillance by State agencies concerned, principally the Garda Síochána, in their roles as the primary law enforcement and security agencies of the State.

The exclusion of ombudsman commission from the provisions of the Bill is in line with practice in Northern Ireland. The Office of the Police Ombudsman for Northern Ireland does not have the interception powers or powers of surveillance. Under the Regulation of Investigatory Powers Act 2000, the Office of the Police Ombudsman for Northern Ireland has powers of directed surveillance but those do not extend to their interception or the type of surveillance which is the subject of this legislation. The situation in respect of the extension of both interception and surveillance powers to the Office of the Police Ombudsman for Northern Ireland is under review. It was established in 2001 and the ombudsman commission has been modelled on that office. Further consideration of the future application of additional powers to the office of the commission will be undertaken in light of the operational experience and in the context of an overall review of the efficiency and effectiveness of the commission and the adequacy of the functions assigned to it in the 2005 Act.