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

I was not fully sure as to the reason behind this amendment. There is probably a view that certain people would not want to speak to someone directly and that they would prefer to leave a voicemail. The provisions in this section allow the Garda Commissioner to designate telephone lines or numbers that are to be recorded, for example, 999 lines or fixed penalty notice lines. There could also be a particular tip-off line, if that was something that the Commissioner decided. Obviously, it would have to be made clear to people that they were being recorded. The intention behind something like this or a particular type of line like this would be to gather information for the prevention, detection, investigation and prosecution of criminal offences. Why would you prohibit the recording of a line that could potentially provide that information? Obviously, people will be made aware that they are being recorded. Once they are made aware that they are being recorded, it is important that that line and the information can be used for the detection, investigation and prosecution of criminal offences. I appreciate what the Senator is saying in that the view is perhaps that people will not phone up and they would prefer to speak to someone directly. I think it is more often the case that people would prefer to leave a comment anonymously and not have to talk to somebody directly and give further details. That is the basis that we are working off here.

As I stated earlier in response to Senator McDowell, the admissibility of evidence is ultimately a matter for the courts. Again, it is not clear why the Senator is proposing to remove that confidence from them by proposing to declare that information gathered from any line as tip-offs may not always come through the confidential line that the Senator referenced, and will be inadmissible. It is for those reasons that I cannot accept the amendments.