Dáil Éireann debate -
Wednesday, 23 Apr 1997

Vol. 478 No. 2

Written Answers. - Telephone Tapping.

Liz O'Donnell

Question:

126 Ms O'Donnell asked the Minister for Justice the circumstances surrounding the destruction by her Department of transcripts of taped conversations involving a journalist (details supplied) in April 1995; whether an order was sought or made under the National Archives Act in this regard; the aspect of the public interest which was served in the destruction of the tapes; whether she or anyone in her Department had their attention drawn to the fact that such tapes would be material in other pending litigation; and if she will make a statement on the matter. [10950/97]

Minister for Justice (Mrs. Owen):

The transcripts in question were transcripts of recordings of telephone conversations which were intercepted under warrants authorised by previous Ministers for Justice. The transcripts were destroyed in November 1995 as part of an agreed legal settlement arrived at with the journalist in question and his lawyers which included provision for the transcripts to be read by the journalist and, thereafter, destroyed in his presence.

The transcripts were destroyed consistent with section 12 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 which makes provision for safeguards in respect of intercepted communications and obliges the Minister for Justice to ensure that such arrangements as she considers necessary exist for the destruction of transcripts of such communications. No order or authority was sought or made under the National Archives Act in respect of the destruction of the transcripts.

The reference to pending litigation in the question is unclear. However, the only litigation of which I am aware which might fit the Deputy's description, was initiated five months after the transcripts were destroyed i.e. in April 1996.