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Garda Equipment

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (20)

Bernard Durkan

Question:

20. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it has been established that sophisticated electronic eavesdropping equipment is available to An Garda Síochána or others; the degree to which it has been determined that such equipment has been in the hands of non-statutory authorities, criminal gangs or other unauthorised persons or organisations in each of the past ten years to date; the extent to which the use of such equipment has been authorised and by whom during the period in question; the extent, if any, to which the monitoring of such activity has been undertaken by the Garda or other police forces throughout Europe in the same period; if Interpol has been alerted in any such suspicious circumstances; and if he will make a statement on the matter. [9674/14]

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Written answers

I wish to advise the Deputy that there are considerable sensitivities around the provision of information of the nature sought by him and that it is not the practice for obvious security reasons to reveal details of equipment in use by An Garda Síochána in tackling serious crime and terrorism. What I can say is that there are statutory provisions in place governing interception of communications and to regulate the use of surveillance equipment by An Garda Síochána.

The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides the legislative basis for the interception of postal packets and telecommunications messages. Authorisations for interception may only be granted by Ministerial Warrant on application by the Commissioner of An Garda Síochána or the Chief of Staff of the Defence Forces. Furthermore they can only be granted for the investigation of serious crime or in the interest of the security of the State.

The Criminal Justice (Surveillance) Act 2009 provides a legislative basis for covert surveillance activities. However, as Minister for Justice and Equality I have no role whatsoever in authorising the carrying out of such activities. An authorisation under the 2009 Act can only be granted by a Judge of the District Court on application by a superior officer of An Garda Síochána or the Revenue Commissioners or the Defence Forces.

There are strict oversight and control mechanisms in place for both Acts. Both are subject to independent judicial oversight by a Designated Judge of the High Court, who has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the legislation In addition, the Designated Judge is required to report to the Taoiseach on an annual basis on the operation of the legislation. These reports are laid before the Houses of the Oireachtas. I should also add that both Acts provide for a complaints mechanism whereby an individual who believes he or she has been subject to an authorisation for surveillance or whose communications have been intercepted may apply to the independent Complaints Referee for an investigation into the matter.

I am informed by the Garda Authorities that there have been examples over the years where criminals and subversive groups have been in possession of sophisticated surveillance and counter surveillance equipment, either for criminal purposes or in an attempt to avoid detection by An Garda Síochána.

With regard to Interpol, I am further informed that exchanges between An Garda Síochána and Interpol take place as operational requirements demand.

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