Pádraic McCormack (Galway West, Fine Gael)
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Question 93: To ask the Minister for Justice, Equality and Law Reform if he will introduce legislation to facilitate 24 hour surveillance of known criminals; and if he will make a statement on the matter. [21148/08]

Dermot Ahern (Louth, Fianna Fail)
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I want to make it clear at the outset that intensive surveillance operations by the Gardaí, covert and otherwise, are and will continue to be, a most effective tool in the fight against serious crime, including, in particular, gangland crime.

It is clearly evident that Garda surveillance is one of the tools of crime prevention and detection. Information obtained through surveillance allows the Gardaí to disrupt planned activities or obtain evidence which can help to secure convictions in criminal trials.

However, we have to recognise that those involved in criminality are constantly altering their modus operandi with the aim of frustrating Garda actions to counter their activities. Everyone here would agree that the Gardaí must be properly equipped, in legislative terms, to enable them to act against all forms of criminality. It is in this context that the question of improving Garda surveillance capacity and techniques must be viewed.

Accordingly, my Department, in close consultation with the Garda Commissioner, has begun drafting the heads of a Bill in this area. The principal aims of this Bill will be to provide a clear statutory basis for certain forms of Garda surveillance and to deal, as appropriate, with issues arising in relation to the use of the results of such surveillance as evidence.

The Deputy and the House will appreciate that the issue of the use of such evidence in criminal proceedings is not straightforward. On the one hand the use of such evidence may in some cases help secure convictions. On the other hand it is vital to avoid as much as possible a situation arising where Garda techniques for intelligence gathering may, as a result, be compromised. These opposing outcomes must be properly balanced if any scheme is to improve the position of the Gardaí in tackling criminality in all its forms.

Ruairi Quinn (Dublin South East, Labour)
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Question 170: To ask the Minister for Justice, Equality and Law Reform the progress made in the talks between his Department and representatives of the judiciary regarding the introduction of a judicial council; when the Judicial Council Bill will be published and enacted; and if he will make a statement on the matter. [21098/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 94, 170 and 201 together.

As my predecessor informed the House in response to Parliamentary Question No. 10 on 17 April last, work on the scheme of the Judicial Council Bill, which builds on the report of the Committee on Judicial Conduct and Ethics, is at an advanced stage of development in my Department.

Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. It was also considered prudent, given the particular nature of the subject, to consult with the Chief Justice.

Following contacts with the Chief Justice a working group has now been established to advance the Bill. The Group comprises a nominee each of my Department and of the Chief Justice. I am confident that this approach will ensure that the details of the proposed Bill can be finalised in the reasonably near future.