Dáil Éireann Debate, Tuesday - 28 September 2021
586. Deputy Sorca Clarke asked the Minister for Justice the persons or bodies that have the legal authority to authorise surveillance including phone tapping; and if she will make a statement on the matter. [46824/21]
View answerI understand the Deputy to be referring to authorisations made under the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009.
I can inform the Deputy that it is the Minister for Justice who may, in accordance with the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, authorise bodies designated under the Act to intercept communications for the purposes of investigating serious crime or safeguarding the security of the State.
Surveillance is governed by the provisions of the Criminal Justice (Surveillance) Act 2009. Under Section 5 of the Act, a district court judge may authorise bodies designated under that Act to carry out surveillance for the purposes of investigation and prevention of arrestable offences and maintaining the security of the State. Section 7 of the 2009 Act provides that a member or officer of a body designated under the Act may carry out surveillance without an authorisation in cases of urgency and subject to strict conditions. Section 8 of the 2009 Act provides for the use of a tracking device where approved by a superior officer of a designated body, and subject to strict conditions.
As the Deputy may be aware, the operation of both Acts is overseen independently by serving Judges of the High Court who are designated by the Government for this purpose and report to the Taoiseach. In carrying out their functions, the Designated Judges have, by law, full access to all persons and records they consider relevant and all relevant persons have, by law, a duty to co-operate.
In addition, both Acts provide for a serving judge of the Circuit Court to act as the Complaints Referee. The Complaints Referee is empowered to receive and investigate complaints from persons who believe that their communications have been intercepted or that they might be the subject of surveillance. In carrying out her functions, the Referee has, by law, full access to all persons and records she considers relevant to her investigations and all relevant persons have, by law, a duty to co-operate with her.
