James Browne (Wexford, Fianna Fail) | Oireachtas source

On amendments Nos. 24 and 25, in the section as it stands, this is already achieved. Internal approval for focused monitoring can be varied but the duration of the approval cannot exceed three months, as set out in section 18(3)(a), to which section 18(5) is subject. I direct the Senators to page 14, line 15, where it states that a member of An Garda Síochána may: "vary, subject to subsection (3)(a), the duration of an approval granted under this section" and to subsection 18(3)(a), which ends on page 14, line 2, and states "shall not exceed a duration of 3 months". As such, I cannot accept the amendments as proposed.

In relation to amendments Nos. 26 and 27, section 19(2) already contains details of what is required for an application to a judge to extend focused monitoring beyond three months. This includes a statement of the reasons the applicant believes that continued focused monitoring is necessary and proportionate. It is ultimately for the judge of the District Court to determine if An Garda Síochána can continue to monitor a vehicle past three months.

I should point out that human rights impact assessments will be required as part of the procedure for drafting a code of practice. I emphasise my respect for the right to privacy of all our citizens, but I believe that criminals do not have a right to privacy such that it in can aid them to evade investigation, arrest or prosecution. I therefore cannot accept amendments Nos. 26 or 27.