Seanad debates
Wednesday, 15 November 2023
Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages [Resumed]
10:30 am
Lynn Ruane (Independent) | Oireachtas source
I move amendment No. 24:
In page 15, line 17, after “approval” to insert “, for a collective period of not more than three months”.
This amendment seeks to make explicit in the Bill that An Garda Síochána could not undertake monitoring of an individual using ANPR for a combined period of more than three months. As the Bill is drafted, a superintendent of An Garda Síochána can approve ANPR monitoring for a period of up to three months without District Court approval. While we would like to see the Bill amended such that the District Court would have oversight of each application, this amendment ensures that An Garda Síochána would not be in a position to undertake, for example, two periods of monitoring of an individual of less than three months which, when taken together, would be in excess of the three-month limit the Bill provides.
Amendment No. 27 is a simple amendment which seeks to include specific reference to the impact of focused monitoring as will be provided for in Part 3 of the Bill on the privacy and fundamental rights of a person being monitoring by the Garda where applications for monitoring for more than three months are being considered by the District Court judge. If this amendment were accepted, any application for continued focused monitoring would need to be accompanied by a statement that outlines why the applicant believes that continued focused monitoring is necessary and proportionate, having specific consideration of the impact of ongoing monitoring on someone's privacy and fundamental rights.
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