Alice-Mary Higgins (Independent) | Oireachtas source

I accept the argument that there is a clarification to a degree on what constitutes a “revenue offence” in other legislation. However, in terms of the powers of An Garda Síochána in this section, I think that including the word "serious" as a parameter when describing an offence is an important safeguard in accessing data. I would not want a situation whereby a very generic offence can be used. I will just reference amendments Nos. 9 and 10 again because it comes to that. I am looking at the question of an offence alongside the provision, which is the idea of prevention in detecting in the widest sense. For example, there might be an excuse whereby someone is screening or checking for past traffic offences or some very minor offence, and that becomes a justification for accessing this data. Again, I am worried that it is too wide as a provision. I say that in the context of the need to be very careful about the overuse of surveillance, the targeting of certain communities and an imbalance in how policing is applied in the State. Having just gone through the whistleblower legislation and other Bills, I can say we have had situations in the past where individuals have been, sadly, targeted and intimated by members of An Garda Síochána. Therefore, it is important to have the parameter of “serious” attached to the word “offence”, as outlined in amendment No. 8. Such a measure, along with amendments Nos. 9 and 10, is important in addressing the question of these provisions being used in a preventative or speculative way.