Fitzgerald commissions independent review of access to telephone records of journalists

Justice Minister Frances Fitzgerald told the Dáil she is to establish an independent review of the law in respect of access to the telephone records of journalists. The review, she said, will cover all bodies that can have access to records under the Data Retention Act, including the Garda Siochána Ombudsman Commission (GSOC), An Garda Síochána, the Revenue Commissioners and the Defence Forces.

“The 2011 Act which was introduced by the former Minister Mr. Dermot Ahern in 2011 provides all of these bodies with that authority,” she said. “I am pleased that the distinguished former Chief Justice John Murray who was also a former member of the European Court of Justice has agreed to carry out the review. I express my appreciation for his immediate agreement to conduct the review which I expect and anticipate will be completed in three months. It is about looking at the issue and getting a speedy report on the legislation.”

Minister Fitzgerald emphasised that she did not have any role, nor does her Department, in the process of requesting or authorising access to telephone records or logs under the 2011 Act; nor does she receive information on specific requests made in the course of those investigations.

With regard to GSOC, in particular, she said that while fully respecting the independence of the Ombudsman Commission, she was glad to meet its chairperson, Ms Justice Mary Ellen Ring that morning who was appointed by the Government some months ago and is a judge of the High Court.

“She has assured me of the clear and strict procedures in place in GSOC in this area and that it is operating fully within the law,” she said. “She emphasised to me that GSOC requests for access to telephone records were decided at the level of the chairperson. As the Deputies said, within An Garda Síochána there is a request from a superintendent which is decided at chief superintendent level.”