New Surveillance Powers Signed Into Law By President McAleese

The Act, which came into force on July 12, provides a statutory framework for evidence obtained by means of covert surveillance to be used in criminal trials.  

For the first time, An Garda Síochána, the Defence Forces and the Revenue Commissioners will have a basis in law to carry out covert surveillance to combat serious criminal, subversive or terrorist activity.

Making the announcement, Minister Ahern said: "The changing nature of crime, particularly the growth of organised and ruthless gangs, requires a stepping up in the security response.

"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."

The Act provides for a judicial authorisation procedure for surveillance. Safeguards built into the legislation include strict qualifying criteria, a complaints procedure and judicial oversight.

The Act also provides for strict rules regarding the disclosure of evidence in order to protect the identity of witnesses and to preserve the integrity, effectiveness and security of operations.

The Act will complement the provisions of the Criminal Justice (Amendment) Bill 2009 which will also become law in the coming weeks.

Minister Ahern continued: "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 in their armoury.

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