McAleese signs legislation to allow covert surveillance

POWERFUL surveillance legislation has been signed into law by President Mary McAleese.

The Criminal Justice (Surveillance) Act 2009 provides a legal basis for surveillance activity by state agencies and the possible use of that information as evidence in court prosecutions.

Justice Minister Dermot Ahern said the act gave gardaí, the defence forces and the Revenue Commissioners the legal right “for the first time” to conduct covert surveillance.

While these agencies have been conducting this work for many years, it operated in a legal grey area which prevented surveillance intelligence being used as evidence in court.

“The changing nature of crime, particularly the growth of organised and ruthless gangs, requires a stepping up in the security response,” said Mr Ahern.

“The threat to society and to the integrity and effectiveness of the criminal justice system itself posed by these gangs, in particular attacks on ordinary people going about their daily lives, requires a corresponding robust legal response – this legislation is part of that response.”

He said the act provided for a judicial authorisation procedure and safeguards, including a complaints procedure and judicial oversight.

Mr Ahern said the surveillance legislation complemented the provisions of the Criminal Justice (Amendment) Bill 2009 which, he said, would also become law in the coming weeks.

Surveillance evidence could be used to support prosecutions for new offences in the Criminal Justice (Amendment) Bill 2009 of directing or participating in an organised crime gang.

“The use of sophisticated surveillance devices is an essential tool in today’s fight against serious crime and I am determined that the agencies of the state involved in law enforcement will have every available tool,” said Mr Ahern.

“The Surveillance Act represents a significant milestone in the process of bringing those involved in serious criminal, subversive or terrorist activity to justice.”

Covert garda surveillance is undertaken by the secretive National Surveillance Unit, which has been boosted to around 90 gardaí recently.