Written answers

Wednesday, 28 May 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 117: To ask the Minister for Justice, Equality and Law Reform when he will publish the legislation that will allow gardaí, with appropriate safeguards, to use the result of surveillance of high profile criminal gangs to be used in court; and if he will make a statement on the matter. [21079/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As I indicated in my reply to an earlier question, I intend to bring before the Government shortly proposals in relation to covert surveillance by the Garda Síochána. These measures will include provisions dealing with the use of information or material obtained in evidence in these cases.

I should point out that the use in Court of the results of surveillance is already permissible under common law rules. The Bill will, inter alia, place the existing practice on a statutory basis.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 118: To ask the Minister for Justice, Equality and Law Reform his views on the absence of legislation or guidelines governing covert surveillance by gardaí highlighted as a serious shortcoming by Justice Morris in his sixth report; the timeframe within which he will introduce legislation rectifying this deficit; and if his legislative proposals will include a requirement for judicial authorisation. [21065/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As indicated, I intend to bring proposals before the Government shortly dealing with the matter. In line with the recommendations of the Law Reform Commission, the proposed measure will include provisions relating to judicial oversight and a complaints mechanism.

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