15 May 2008 Edition

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Ó Snodaigh demands action on Garda covert surveillance

SINN FÉIN Justice Spokesperson Aengus Ó Snodaigh TD has called on new 26-County Justice Minister Dermot Ahern to bring forward the Covert Surveillance Bill, particularly after the publication of the sixth report of the Morris Tribunal which found that gardaí in Donegal were secretly recording conversations with civilians and other members of the force “whenever it took their fancy”.
Speaking in the Dáil on Thursday, 8 May, Ó Snodaigh said there must be laws covering when gardaí can engage in covert surveillance.
“Justice Morris was highly critical of the absence of legislation and guidelines governing the area of covert surveillance.
“Justice Morris said, ‘There is little or no legal or ethical guidance given to An Garda Síochána by statute or statutory instrument, or in the Garda Síochána Code, concerning covert surveillance whether by gardaí in person or audio/visual electronic devices or recorders.’
“According to the legislative programme, it is not possible to indicate when the Covert Surveillance Bill will be published. That is not good enough.”
The Sinn Féin TD said that the previous Justice Minister, Brian Lenihan, made periodic announcements and reannouncements promising the Bill.
“He has indicated that the Bill will make provision for the admissibility of covertly-gathered intelligence as evidence in court. But, in light of the findings of the Morris Tribunal, it must also make provisions governing when it is permissible to engage in covert surveillance in the first place and what forms of surveillance are proportionate in what scenarios. It must also vest the power of authorisation in judges.
“I am calling on the new Minister for Justice, Dermot Ahern, to bring forward this legislation as soon as possible.”

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