Dáil Éireann Debate, Tuesday - 22 September 2015
612. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if she will address a matter regarding the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30759/15]
Amharc ar fhreagraI replied to correspondence from the person to whom the Deputy refers on 8 October 2014. In respect of the matters raised, it was advised that in respect of any breach of the law it was open to them to bring the matter to the attention of An Garda Síochána or if they wished to complain as to the conduct of members of An Garda Síochána they could register a complaint with the Garda Síochána Ombudsman Commission (GSOC).
The Deputy will wish to note that the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides the legislative basis for the lawful interception of postal packets and telecommunications messages. Authorisations for lawful interception may only be granted in limited circumstances for the investigation of serious crime or in the interests of the security of the State to the Commissioner of An Garda Síochána or the Chief of Staff of the Defence Forces.
The Criminal Justice (Surveillance) Act 2009 provides a legislative basis for covert surveillance activities. Authorisations under the 2009 Act are granted by a Judge of the District Court on application by a superior officer of An Garda Síochána or the Revenue Commissioners or the Defence Forces. As Minister for Justice and Equality I have no role in that process.
The 1993 and 2009 Acts make provision for independent judicial oversight of their operation by a serving Judge of the High Court who is designated for this purpose. The Designated Judge reports at least annually to the Taoiseach on the operation of the legislation and these reports are laid before the Houses of the Oireachtas. The Acts also provide for a complaints mechanism whereby an individual who believes he or she has been the subject of an authorisation under the relevant provisions of the Acts may apply to the independent Complaints Referee for an investigation into the matter. The Complaints Referee is Judge John Hannan of the Circuit Court who may be contacted at the Office of the Complaints Referee, Áras Uí Dhálaigh, Inns Quay, Dublin 7.
