Securing the state with soldier spies: Evaluating the risks of using military personnel to gather surveillance evidence in Ireland

Abstract

This paper explores implications for Irish national security policy that arise from provisions contained within the Criminal Justice (Surveillance) Act (2009) empowering personnel of the Defence Forces to covertly appropriate intelligence admissible as evidence in the Irish courts. Drawing on security, criminological and socio-psychological theories, the paper claims a link between effective national security and transparent, accountable criminal justice frameworks. Increased reliance on the military to conduct surveillance is evaluated within this theoretical construct. The paper concludes that the 2009 surveillance legislation provides certain tactical benefits to the state in its attempts to disrupt the activities of transnational terrorists both on-island and elsewhere; but it risks a strategic failure in the form of greater public distrust of the Irish security authorities.