Dáil Éireann Debate, Wednesday - 27 January 2016
6. Deputy Michael McNamara asked the Minister for Justice and Equality if permission was granted for the telephone surveillance or phone tapping of any Member of the 31st Dáil Éireann during the lifetime of this Dáil Éireann; if so, of which Member or Members; and if she will make a statement on the matter. [3009/16]
View answerIt is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. The Deputy will understand that this practice of long standing, which has been followed by my predecessors, arises for sound security reasons. The Deputy will appreciate that I am maintaining this practice of my predecessors, but I can assure him and the House that I have never exercised the legal powers I have to interfere in any way with the work of Members of the Oireachtas.
The Deputy will be aware that the legislative basis for carrying out of covert surveillance measures 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.
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, the Defence Forces or the Garda Síochána Ombudsman Commission in the circumstances which are set out in the Act.
However, I would point out that the 2009 Act was part of a series of measures which were a response to a number of difficulties being experienced where the investigation of serious offences was concerned and where the entire justice system was under serious threat. At that time, An Garda Síochána required additional powers to investigate and prosecute organised criminal gangs and it was incumbent upon the legislature to introduce the additional powers set out in the Criminal Justice (Surveillance) Act 2009.
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, the Chief of Staff of the Defence Forces or the Chairperson of the Garda Síochána Ombudsman Commission and only for the purposes of the investigation of serious crime or protecting the security of the State as set out in the 1993 Act.
I should emphasise that the provisions of both Acts are subject to independent judicial oversight by Judges of the High Court, designated by the Government for that purpose. In each case, 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 at least annually on the operation of the legislation. These reports are laid before the Houses of the Oireachtas.
Furthermore, both Acts provide for an independent 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, who is a Judge of the Circuit Court and who is appointed in accordance with the relevant Act, for an investigation into the matter.
