ICCL: Evan Fitzgerald case higlights need for new legislation

ICCL: Evan Fitzgerald case higlights need for new legislation

Ireland needs legislation to regulate the use of covert human intelligence sources, including undercover gardaí, the Irish Council for Civil Liberties (ICCL) has said.

The NGO wrote to the justice minister, Jim O’Callaghan, in light of revelations about garda involvement in the high-profile case of Evan Fitzgerald, who took his own life while being prosecuted for firearms offences.

“The lack of a legal framework makes Ireland an anomaly in Europe,” ICCL executive director Joe O’Brien told Mr O’Callaghan in a letter sent last week.

He pointed out that the management and use of covert human intelligence sources (CHIS) in Ireland “is governed by a Garda policy, which neither defines CHIS nor provides detail about the circumstances in which such they can be used”.

“In contrast, in the UK and Northern Ireland, the Regulation of Investigatory Powers Act 2000 and Covert Human Intelligence Sources (Criminal Conduct) Act 2021 regulates their use and is complemented by a robust oversight regime to ensure human rights compliance,” he added.

The “tragic death of Evan Fitzgerald highlights the importance of legislation to ensure transparency and accountability in undercover policing operations, in addition to human rights compliance”, ICCL said.

The group has urged Mr O’Callaghan to introduce legislation in the Oireachtas “as a priority”.

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