asked the Minister for Justice if he intends to amend the present legislation on phone-tapping; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Phone-tapping Legislation.
9.
I am having the question of legislation to regulate the interception of communications examined at present. Any proposals I may have in this regard will, in accordance with normal practice, be announced in the ordinary way when my colleagues in Government have had an opportunity to consider them.
I am disappointed to hear the Minister intends to carry out another review in this area. As the Minister knows, legislation is available at present. Will he not consider bringing forward such legislation and, if it needs to be amended, we can do so in the House.
The Deputy should be advised that when legislation lapses on the fall of a Government the incoming Government will decide what Bills are put on the Order Paper. When the Government have made their decision in regard to the legislation mentioned in the question, it will be announced and will appear on the Order Paper.
In view of the Minister's answer and the fact that a former Minister in his Government was found to be in breach of the constitutional right to privacy and guilty of abuse of power, does he not agree that this area needs to be sorted out and regulations put in place in a proper and constructive manner? This is extremely urgent and perhaps the Minister would indicate when he intends to introduce legislation in this regard?
I will repeat my original answer: the question of legislation in this area is being examined at present. It will be brought before the Government and when they have had an opportunity of considering it the matter will be brought before the Oireachtas.
Will the Minister indicate whether the legislation currently contemplated involves the making of an application to a member of the Judiciary in the first instance before a warrant can be issued in regard to telephone tapping?
It is not the practice to state a Minister's attitude or decision in regard to legislation which has not yet gone before the Government.
Will the Minister give consideration to bringing in the Bill which lapsed with the previous Government?
The Bill about which we are talking was presented to the Dáil on 5 December 1985 and was awaiting a Second Stage reading when the Dáil was dissolved in 1987. I am examining the Bill at present, I will be making a submission to the Government and when they decide on their attitude it will be brought before the Oireachtas.
(Limerick East): Would the Minister agree that as the particular court case which made it impossible to debate that legislation has been concluded, the legislation, though published in 1985, can now be debated freely? Therefore, would he be prepared to reintroduce the Bill and bring it before us as a Government Bill?
When the Government have made up their minds on the matter the Bill can be brought before the House if it is the Government's decision to have the Bill reintroduced.