Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

On amendment No. 196, I do not see the value in inserting the word "reasonably" into the provision. The circumstances in which an authorised officer may use his or her powers are set down comprehensively in section 139ZC and are, among other things, subject to considerations of reasonableness.

On amendment No. 197, section 139ZC clearly provides that an authorised officer cannot keep material or equipment obtained in the course of an investigation in perpetuity and that, during the course of an investigation, may keep such materials or equipment for a period deemed reasonably necessary. This discretion is proper and sufficiently drawn to mitigate against unnecessary retention of equipment and materials. I do not believe that requiring an authorised officer's supervisor to statutorily review this matter every eight weeks is proportionate. It would be an unnecessary administrative burden, especially during lengthy investigations.

Amendment No. 198 is not substantially different to the present provision in the Bill enabling an authorised officer to be accompanied by a member of An Garda Síochána and anyone the officer considers appropriate. Accordingly, I am not accepting these amendments.