Legislation enabling Police to carry out "wiretapping" as a means of law enforcement was passed in the Upper House yesterday.

Government Senate leader David Burch said the Telecommunication Amendment Act 2010 was a necessary tool against crime.

"Under normal circumstances I probably wouldn't support something like this," he said. "I would have real concerns and reservations but we're not living in normal circumstances.

"In some stage of the government you've got to trust somebody. I do want to make it clear that Constable Joe Blow can't go up to Government House and say 'sign off'. It has to be the Commissioner himself. No other agencies are responsible for the execution of warrants."

Under the Act, all telephone companies must install equipment allowing Police to wiretap their lines to help catch criminals.

Carriers providing public telecommunications services will be required to give Police a database of customer names, addresses and phone numbers.

They must also buy apparatus so Police can intercept wire and electronic communications and access call-identifying information.

Under the Act, the information must be collected "unobtrusively and with a minimum of interference".

The Minister would have the power to exempt certain carriers however those who flout the law face daily penalties of up to $10,000.

Opposition Sen. Jeanne Atherden said: "I think that everyone understands the need to provide law enforcement officers with the tools to stamp out crime. As far as I am concerned, most Bermudians believe that has to be the ultimate goal."

Attorney General Kim Wilson said: "Bermuda is facing unprecedented times and the legislation before us is designed to modernise what already exists with respect to the powers that the Governor has to issue a warrant.

"The circumstances are as such that it's in the interest of national security, public morality, public safety and the interest of defence. It's only in these circumstances."

Opposition Sen. Suzann Roberts-Holshouser said: "I think we all acknowledge the fact that our criminals today have outsmarted many a Government. They find a way somehow to get past the law.

"We have to step forward and say we need updated, new legislation so that we come a little closer to intercepting weapons or drugs that will affect our community."

Government Sen. Walton Brown said: "Obviously, I concur with my colleagues. We support this bill. We see it as an unfortunate necessity."

Opposition Senate leader Michael Dunkley said: "It's an important piece of legislation and we should concentrate on getting it right."

Senate president Carol-Ann Bassett said: "We do live in very, very trying times and the fact that this legislation is before the House today shows that we have heard the voice of the public who have pleaded with us to bring about change. As legislators, the way in which we bring about change is through legislation."