Vol. 538 No. 5
148 Ms Clune asked the Minister for Justice, Equality and Law Reform if ENFOPOL 98 proposals will allow for unrestricted access by the Garda to tap and retain records of all mobile telephone calls and e-mail communications; if he is satisfied himself with this proposal; and if he will make a statement on the matter. [18396/01]
The European Council Resolution of 17 January 1995 (OJ C329, 4.11.96) on the lawful interception of telecommunications sets out the general operational needs of law enforcement agencies relating to the lawful interception of telecommunications. The resolution is effectively a set of guidelines for manufacturers and providers in the development of new telecommunications equipment. While the terminology used in the 1995 resolution was intended to be technology neutral, advances in the telecommunications area since it was drawn up pointed to the need to clarify and explain its text. One of the papers produced in developing these clarifications-explanations was ENFOPOL 98. The process has moved on since this paper was prepared and a new draft resolution clarifying the 1995 resolution is currently under consideration.
Neither the existing resolution nor the proposals under consideration relate to the rules applicable to the interception powers of law enforcement agencies; rather they relate to the operational requirements of those agencies. The lawful interception of telecommunications messages continues to be governed by national legislation which, in this country, is the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993.
