Dáil Éireann Debate, Thursday - 4 July 2013
197. Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of requests for the tapping or interception of conversations on mobile or landline telephones that have been approved in the last year; and if he will make a statement on the matter. [32635/13]
View answer198. Deputy Kevin Humphreys asked the Minister for Justice and Equality the regulations or judicial protections that apply to requests for the tapping or interception of conversations on mobile or landline telephones here; if he will outline the procedure that applies for such requests; and if he will make a statement on the matter. [32636/13]
View answer199. Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of requests that have been submitted for the interception of communications through a mobile or landline telephone belonging to a journalist or politician that have been submitted in the last year; and if he will make a statement on the matter. [32637/13]
View answerI propose to take Questions Nos. 197 to 199, inclusive, together.
The Deputy will appreciate that it is not the practice and would be contrary to public interest to disclose details of requests or authorisations for interceptions including their number. However, I can assure the Deputy that there is a comprehensive legislative regime in place to deal with lawful interception.
Under Section 2 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 Ministerial authorisation may be given for interceptions in the interests of the security of the State or for the purpose of criminal investigation. Such authorisations are only issued following application from the Garda Commissioner or the Chief of Staff of the Defence Forces, in accordance with the Act.
The Act provides for the appointment of a High Court Judge to keep under review the operation of the Act and to ascertain whether its provisions are being complied with. The judge must report to An Taoiseach on the operation of the Act. Such reports are subsequently laid before the Houses of the Oireachtas. In addition, the Act provides for a procedure whereby a member of the public who believes that his/her communications have been intercepted may apply to a "Complaints Referee" for an investigation into the matter. The role of the Complaints Referee is to investigate whether an authorisation was in force and, if so, whether the provisions of the Act have been contravened in relation to that authorisation. If the Complaints Referee finds that there has been a contravention he should notify the individual concerned and report it to An Taoiseach. He may also recommend the payment of compensation. The current Complaints Referee is a judge of the Circuit Court.
