The State's watchdog on human rights has called for tighter safeguards to the recently announced Surveillance Bill to bring it fully in line with international standards.
The Irish Human Rights Commission (IHRC) is examining how the legislation affects the right to privacy and correspondence as set out in the European Convention on Human Rights. It said today it would publish its observations on the legislation shortly.
Following a preliminary review of the Criminal Justice (Surveillance) Bill 2009, the commission welcomed the placement of surveillance powers on a statutory footing.
President of the IHRC Dr Maurice Manning said “Vital safeguards such as the requirement for judicial authorisation for surveillance in most cases have been included. "However, to ensure that the 2009 Bill fully complies with Constitutional and international human rights law, further essential safeguards are required.”
IHRC chief executive Éamonn Mac Aodha continued “The 2009 Bill will be considered by the Oireachtas this week, and there are several areas of the Bill which the IHRC has concerns about."
"We hope that the members of the Oireachtas will take these into account when considering the 2009 Bill. The areas of remaining concern for the IHRC include: the definition of surveillance, the use of tracking devices, supervisory powers, and complaints procedures.”
Welcoming the role of the designated High Court judge in overseeing the operation of the legislation, the IHRC called for the introduction of a mechanism which would see breaches of the legislation being referred to the relevant complaints body.
It also called for the introduction of a procedure which would inform an individual who has been the subject of unlawful surveillance in order that they can exercise any remedies available to them under the legislation.
The IHRC said "a detailed and accessible human rights based code of practice in relation to the operation of surveillance powers is an important aspect of ensuring that covert surveillance is accompanied by adequate and effective safeguards."
A code of practice on covert surveillance should incorporate effective compliance measures and where appropriate a breach of the code of practice should invoke disciplinary action, according to the commission.
