Rónán Mullen (Independent) | Oireachtas source

I intend to move amendment No. 25, God willing. For now I will speak to amendments Nos. 25 and 26. Amendment No. 25 is similar to that of Senator Ruane. The issue here is that we all want to support the Garda in the pursuit of its duties but in a democracy one always has to have regard to checks and balances and the need to ensure the work we entrust to the Garda is always done in a way that is mindful of people's individual rights and freedoms. That is the delicate but important balance that one always seeks to achieve in a democratic system. It is clear that a power, an approval like this, is something irregular and therefore should not be something that just goes on indefinitely or for too long a period. For this reason, we consider that a period of three months is appropriate.

Again, having regard to the principle I have just set out, amendment No. 26 simply seeks to impose a duty on a member that he or she would have regard to the necessity and proportionality of a measure pursuant to an order under this section. Focused monitoring is something new and unusual that has to be undertaken with care and with respect for people's fundamental rights and freedoms. The requirement under this amendment would be that the member take into account the impact, as is the case in Senator Ruane's amendment, while also specifying that the member must have regard to the necessity and proportionality of the measure in taking into account its impact on the fundamental rights of individuals.