Dáil Éireann Debate, Tuesday - 25 February 2014
516. Deputy Niall Collins asked the Minister for Justice and Equality to detail the number of times An Garda Síochána applied to the courts to mount surveillance or interception operations under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 in the past five years. [9191/14]
View answerThe Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides the legislative basis in Ireland for the interception of postal packets and telecommunications messages.
Sections 4 and 5 of the Act provides that an authorisation may only be granted for interception for the purposes of the investigation of serious crime or for the purposes of protecting the security of the State.
Section 12 of that Act places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.
I should emphasise that the Act is subject to independent judicial oversight by a designated Judge of the High Court and a complaints mechanism whereby any individual who believes they have been the victim of improper use of the legislation may have their complaint investigated by a Complaints Referee. The Designated Judge must submit a report on the operation of the Act to the Taoiseach on an annual basis and this Report is laid before the Houses of the Oireachtas.
It has not been the practice for security reasons to provide the information sought in the Deputy's question.
