Dáil Éireann debate -
Thursday, 15 Oct 1992

Vol. 423 No. 6

Written Answers. - Telephone Tapping.

Roger T. Garland

Question:

43 Mr. Garland asked the Minister for Justice the measures, if any, he intends taking to ensure that Government Ministers cannot, in the future, authorise the tapping of telephones and in particular journalists' telephones; and if he will make a statement on the matter.

Minister for Justice (Mr. Flynn)

Section 98 of the Postal and Telecommunications Act, 1983, makes it an offence for any person to intercept telecommunications messages. There are certain exceptions to that provision, one of which is when the interception is done in pursuance of a direction issued by the Minister for Tourism, Transport and Communications under section 110 of the 1983 Act.

Under administrative procedures at present in operation the Minister for Communications only gives a direction requiring an interception where there is in force a corresponding authorisation by the Minister for Justice applying to the interception. The request for an authorisation must be made by the Garda Commissioner or an army officer of a rank not below that of colonel and the only grounds on which an interception may be authorised are that it is required for the detection of serious crime or for security purposes, information as to which can be got in no other way. The task of deciding whether a communication should be intercepted in accordance with those criteria has been regarded by every Government since the foundation of the State as essentially an executive function and I do not propose to change the position in that regard.

The Interception of Postal Packets and Telecommunications Messages (Regulations) Bill, 1992, at present before this House, places on a statutory basis the power of the Minister for Justice to authorise interceptions of communications and the procedures for such authorisation. In doing so it introduces two new provisions for oversight of the exercise of the Minister's powers in that respect. First, the operation of the Act will be continually supervised by a judge of the High Court. Second, a legally qualified referee will be appointed to investigate complaints of improper authorisation by the Minister.