Helen McEntee (Meath East, Fine Gael) | Oireachtas source

Amendments Nos. 36 and 37 seek to include the impact of such focused monitoring on the privacy and fundamental rights of the individual or individuals concerned. The Senator is essentially asking that a garda of any grade make such an evaluation on privacy and fundamental rights when obviously that is taken into account. Gardaí are also trained to make decisions based on necessity and proportionality. This goes beyond what is required by gardaí to make a legal evaluation. It is unfair to ask them to do that. I absolutely respect a person’s right to privacy; everybody is entitled to that. However, people cannot use privacy to evade investigation, arrest or prosecution. As I mentioned, the focused monitoring in particular is only permitted in an arrestable offence, which is an offence punishable by imprisonment for at least five years, or matters relating to national security. The same safeguards I mentioned would apply here as well - there must be reasonable grounds, the person who is recording must be independent of the investigation of the offence and satisfied the focused monitoring is necessary and proportionate with regard to the purpose of the investigation. Again, there will be a report to the Taoiseach by a High Court judge at the end of the year to make sure this is being used appropriately.