Customs agents have used tracking devices over 200 times in the last decade in an effort to detect Revenue offences such as fuel smuggling.
During that time, the agency lost seven tracking devices due to “operational reasons” or because the target left the State.
Trackers are usually placed on vehicles, but occasionally on people or objects, to monitor the movements of suspected criminals. They are employed by Garda surveillance units, the Defence Forces and by the Revenue Commissioners, which is responsible for detecting taxation offences.
Between 2014 and 2023 Revenue deployed trackers 210 times, an average of 21 deployments a year, new figures show. The use of trackers peaked in 2018 when they were used 28 times. Last year, the devices were used on 19 occasions.
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During the 10-year period, seven tracking devices “either did not return to this jurisdiction or could not be retrieved for other operational reasons”, said Minister for Finance Jack Chambers in response to a parliamentary question from Social Democrats TD Catherine Murphy.
He said that tracking devices are only used to monitor suspects within the State. The use of these devices by authorities received considerable attention during the trial of gangland figure Gerry Hutch for the 2016 Regency Hotel attack.
Gardaí from the National Surveillance Unit used a tracker to monitor Mr Hutch as he travelled to Northern Ireland to allegedly meet paramilitary figures, whom he hoped would help broker a truce with the Kinahan gang. Mr Hutch was later acquitted.
Mr Chambers said the tracking devices are used to detect offences such as “tax or duty evasion, fuel fraud, supply or sale of illicit tobacco products, drug and cigarette/tobacco smuggling”.
The use of the devices does not always lead to a seizure, he said. Tracking devices can also be used to gather intelligence concerning “arrestable offences”.
Surveillance by State agencies is governed by the Criminal Justice (Surveillance) Act 2009 and is overseen by High Court Judge Mr Justice Michael Twomey.
“The judge ascertains whether Revenue and other agencies are complying with the provisions of the Act and reports annually to the Taoiseach on any matters that are considered relevant,” Mr Chambers said.
Next month, retired president of the Court of Appeal Mr Justice Birmingham will take up the role as part of an overhaul of surveillance oversight.
He will become the first Independent Examiner of Security Legislation and will have broad powers to inspect the use of surveillance and tracking by State agencies.
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