Minister Ahern Publishes Criminal Justice (Surveillance) Bill 2009

The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern T.D, today published the Criminal Justice (Surveillance) Bill 2009. The groundbreaking legislation provides for the first time a legal framework to allow covert surveillance material to be used in criminal trials.

An Garda Síochána, the Defence Forces and the Revenue Commissioners will have a statutory framework for the operation of secret electronic surveillance to combat  serious crime as well as subversive and terrorist threats against the security of the State.  The legislation also builds in safeguards into its authorisation, duration and operation.

Launching the Bill, Minister Ahern declared: "With the advent of better and increasingly sophisticated surveillance gathering technology and the growing ruthless nature of gangland criminals in particular, the stage has been reached where surveillance evidence can play a crucial role in the fight against crime. We live in a modern world and if covert recordings will help nail crime gang bosses then we must advance this new law as quickly as feasible.

In a nutshell, the Bill provides that secret surveillance can be used as evidence either to support other direct evidence on criminal charges, or as a basis on its own for a charge of conspiracy. The work of the agencies concerned is directed at serious gangland crime. I believe a multi agency approach to the targeting of criminals is required. Some criminals are committing serious offences such as witness intimidation, assaults, murder and extortion, while other offences connected with money laundering and drugs/firearms importation activities may also be involved.

A crucial element in this strategy is the secret gathering of vital material about planning, movements, contacts and methods of operation of criminals using the latest technological aids, devices and expertise available to police and security services worldwide.

There is no doubt that what we have been witnessing is a deliberate attack on the very foundations of our criminal justice system and society at large by ruthless gangs who are willing to murder not just ordinary citizens going about their daily lives, but also those who face up to threats and intimidation.

Safeguards are built into the legislation, including the requirement that surveillance must be authorised by a Judge except in limited emergency situations where the approval of a senior officer will be required. I believe that we have got the balance right in these respects."

Some other provisions of the Bill are as follows:

• Carrying out of surveillance on foot of an authorisation granted by a District Court Judge under strict conditions for a period of up to 3 months, or in urgent situations by authorisation from a senior officer for a period of no longer than 72 hours.
 
• Imposition of strict rules governing approval, administrative procedures and the keeping of records in all cases.

• Provision of safeguards regarding the retention and disclosure of information concerning the operation of the act including criminal sanctions for breach of confidentiality.

• A complaints procedure whereby a person may complain to a Complaints Referee.

• A system of judicial oversight of the operation of the Act by a Judge of the High Court, designated by the Government.

• The admissibility as evidence of information obtained as a result of surveillance in criminal proceedings.

•  Rules regarding disclosure of information surrounding authorised surveillance in proceedings.

17th April 2009