The conduct of so-called ‘covert human intelligence sources’ (CHIS) is currently governed by the Criminal Justice (Surveillance) Act 2009, which does not enable or permit authorisation of any CHIS to participate in criminal activity.

This restriction “significantly limits the tactical options for targeting serious crime and offences committed by transnational [organised crime groups]”, according to a review published by the Garda Inspectorate today.

“The current requirement to exclude or remove someone engaged in criminal activity is removing a cohort who know critical insider information about criminal activity because they may be part of an OCG involved in serious crime,” it said.

“To effectively tackle the complex and serious threat posed by organised criminal networks, law enforcement agencies need to be able to use the full range of covert tactics, including the recruitment and retention of registered sources who are authorised to engage in criminal behaviour.

“This requires enabling legislation and it is important that it is also accompanied by appropriate safeguards.”

The 357-page report, Transnational Organised Crime – A Review of the Structures, Strategies and Processes in the Garda Síochána, contains 39 recommendations for An Garda Síochána and 29 recommendations for the Department of Justice.

“If fully implemented, they will help the Garda Síochána and other agencies to work more collaboratively to prevent domestic and transnational organised crime, tackle the crime groups that cause most harm in communities, and better support the victims of these crimes,” chief inspector Mark Toland said.

Welcoming the report, justice minister Helen McEntee said: “I would like to thank and commend the work done by the Garda Síochána Inspectorate in producing this report on transnational organised crime.

“Tackling drug dealing and targeting the work of organised crime groups who inflict intimidation, violence and misery on families and communities, is a top priority for the Government and my Department.

“This report reflects some of the major successes An Garda Síochána have had in this area in recent years.

“It also highlights areas for further improvement and I look forward to working closely with An Garda Síochána and officials in my Department in this regard.”