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Dáil Éireann debate -
Tuesday, 28 Apr 1964

Vol. 209 No. 4

Ceisteanna—Questions. Oral Answers. - Opening of Letters.

58.

(South Tipperary) asked the Minister for Posts and Telegraphs whether letters are opened entering or leaving the State or within the State; if he will state the circumstances attending or authorising such practice; and whether the recipient in such cases is informed that his correspondence has been officially inspected.

The answer to the first part of the question is no, except in certain well defined circumstances which are set out in section 56 of the Post Office Act, 1908. The answer to the last part is that an official label is affixed to any letter opened in the circumstances referred to except in cases covered by warrant issued by the Minister for Justice.

Would the Minister say what are the circumstances in which the Minister for Justice would think it expedient to issue a warrant to have private correspondence opened?

That is a matter for the Minister for Justice and any question in relation thereto should be addressed to him.

Am I to understand that the Minister for Posts and Telegraphs does not concern himself as to whether the warrant is issued in accordance with public statute or not?

The Deputy will understand that I am answering this question in accordance with the same procedure as was followed when similar questions were answered in 1949 when he and his colleagues were in Government.

At that time we were not so intimately concerned with the powers exercised by the Minister for Justice to tap telephones.

Why were you not? Deputy Everett will tell you about it.

Or Deputy MacEoin.

It is not only reasonable that some comprehensive statement should be made as to the limits imposed on the use of this discretion, and as the Minister for Posts and Telegraphs is responsible for postal correspondence, is he not in a position to tell the House the circumstances in which warrants are issued to him?

The Deputy is well aware of the circumstances in which warrants by the Minister for Justice operate.

He should ask Deputy MacEoin who is sitting beside him.

He is not Minister for Justice now.

He will be well able to tell you.

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