asked the Minister for Justice under what legal authority he is empowered to authorise the tapping of telephones.
Ceisteanna—Questions. Oral Answers. - Tapping of Telephones.
28.
I would refer the Deputy to section 56 of the Post Office Act, 1908, as to which an Adaptation Order was made by the President of the Executive Council on 19th July, 1926, under subsection (2) of section 11 of the Adaptation of Enactments Act, 1922, determining that the Minister for Justice is the appropriate Minister to exercise this function of issuing postal warrants.
I think it well to repeat what I said in reply to a question last week that each warrant is given under the hand and seal of the Minister for Justice and the established practice is to give a warrant only where required for security purposes or for the prevention or detection of serious crime, information as to which could be got in no other way.
Each warrant is reviewed at regular, short intervals and no warrant is continued in operation unless the need for it is positively established.
May I take it from the Minister's reply that the reprehensible practice of listening in on conversations of citizens has not been specifically authorised by any enactment of this Dáil and that it stems, in fact, from a British statute?
The Deputy can take what I have said—that under the provisions of the Adaptation of Enactments Act, 1922, the provisions of the Post Office Act of 1908 were adapted by the President of the Executive Council on 19th July, 1926. I should like to point out to the Deputy that that was long before my time.
It was before my time also but what I said is valid. This arrangement is not operated under any specific enactment of this House——
It is. The enabling power comes from the Adaptation of Enactments Act, 1922.
More of this anon.
Could the Minister say if in fact this Act was also used for the purpose of opening envelopes and reading letters addressed to people in places outside the country?
That seems to be a separate matter.