Dáil Éireann Debate, Tuesday - 25 February 2014
544. Deputy Niall Collins asked the Minister for Justice and Equality if he has signed any document approving surveillance - covert, electronic or otherwise - on any serving Member of the Oireachtas since 9 March 2011; and if he will make a statement on the matter. [9495/14]
View answer545. Deputy Niall Collins asked the Minister for Justice and Equality if he will confirm that no serving Member of the Oireachtas is currently under surveillance of any kind by any agent of the State; and if he will make a statement on the matter. [9496/14]
View answer546. Deputy Niall Collins asked the Minister for Justice and Equality if he has signed any document approving surveillance - covert, electronic or otherwise - by agents of the State on any person in the employment of a media organisation or publication operating in Ireland since 9 March 2011; and if he will make a statement on the matter. [9497/14]
View answer547. Deputy Niall Collins asked the Minister for Justice and Equality if he will confirm that no person currently in the employment of a media organisation or publication operating in Ireland is currently under surveillance of any kind by agents of the State; and if he will make a statement on the matter. [9498/14]
View answerI propose to take Questions Nos. 544 to 547, inclusive, together.
It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. I am sure that, on reflection, the Deputy will appreciate that practice, which has been followed by my predecessors, arises for sound security reasons.
The Deputy will be aware that the legislative basis for the carrying out of covert surveillance is the Criminal Justice (Surveillance) Act 2009 while the interception of telecommunications is provided for in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
From the outset I should clarify that as Minister for Justice and Equality I have no role whatsoever in the operation of the provisions of the Criminal Justice (Surveillance) Act 2009. Under the 2009 Act, authorisations for intrusive surveillance are granted by a judge of the District Court on application by a superior officer of An Garda Síochána, the Revenue Commissioners or the Defence Forces in circumstances which are set out in the Act.
In relation to interception, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides that an authorisation for interception may only be granted by Ministerial warrant on application from the Garda Commissioner and the Chief of Staff of the Defence Forces and only for the purposes of the investigation of serious crime or protecting the security of the State.
I should emphasise, however, that both Acts are subject to independent judicial oversight by Judges of the High Court, designated by the Government for that purpose. The Designated Judge has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the relevant legislation. In addition, each Designated Judge reports to the Taoiseach on an annual basis on the operation of the legislation. These reports are laid before the Houses of the Oireachtas. Furthermore, both Acts provide for a complaints mechanism whereby an individual who believes that he or she has been subject to surveillance or whose communications have been intercepted may apply to the Complaints Referee, appointed in accordance with the relevant Act, for an investigation into the matter.
The Deputy will appreciate that I am maintaining the long-standing practice of my predecessors, but I can assure the Deputy, I have never exercised the extensive legal powers I have to interfere in anyway with the work of the categories of persons referred to.
