Ivana Bacik (Independent)

I express my appreciation also for the Minister's considered response to the amendments tabled by me and Senator Regan. I welcome the opportunity to debate the Bill. I welcome also the provision of a statutory framework for covert surveillance and tracking devices. Report Stage was rushed through somewhat hastily and we did not have time to table amendments but I accept we had a considered debate on the amendments we tabled on Committee Stage. I appreciate also that there is a need for urgency, given the number of horrific murders that have taken place in the context of organised crime.

The amendments I proposed and the comments I made on Second and Committee Stages were made in a spirit of being constructive and ensuring that there are adequate safeguards in the legislation and that the legislation is watertight and will not be misused in any way. I expressed concerns about some matters, particularly in sections 7 and 8 on which we must be particularly cautious because those provisions allow for non-judicial authorisation of surveillance devices.

I expressed concern also about the State security ground on which surveillance could be approved because in the past we have seen peaceful protestors and people exercising their civic right to protest being subjected to surveillance. Groups that spring to mind are the protestors such as those involved in the Shell to Sea campaign who might have valid concerns about State intrusion on their civil liberties. In the interests of protestors who have been involved in environmental and various other protests, it is important we recognise their right to protest, legitimately and peacefully, and that we ensure the powers of the State are not abused where we are allowing for covert surveillance to be used.

I welcome the statutory framework, however, and in particular sections 3, 4 and 5 that provide a clear framework for judges to provide authorisation for surveillance.