Dáil Éireann Debate, Tuesday - 11 July 2017
309. Deputy Alan Kelly asked the Minister for Justice and Equality if he will ensure that no Member of the current Houses of the Oireachtas has had their phone calls or other forms of personal or business communications listened to, copied or intercepted; and if he will make a statement on the matter. [32492/17]
Amharc ar fhreagra310. Deputy Alan Kelly asked the Minister for Justice and Equality if permission has been sought under the appropriate legislation by the Garda Commissioner to listen to, copy or intercept phone conversations or other form of personal or business communications belonging to Members of the current Houses of the Oireachtas. [32493/17]
Amharc ar fhreagra311. Deputy Alan Kelly asked the Minister for Justice and Equality the appropriate legislation and processes in place to facilitate requests by An Garda Síochána to intercept persons' telecommunications. [32494/17]
Amharc ar fhreagraI propose to take Questions Nos. 309 to 311, inclusive, together.
The interception of post and telephone communications is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
The Act permits the Minister for Justice and Equality to authorise an interception but only for the purposes of criminal investigation into serious offences or in the interests of the security of the State and only subject to the strict conditions set out in the Act.
The operation of the Act is overseen independently by a Designated Judge of the High Court who reports to the Taoiseach on his examination of its operation and who, by law, has full access to all persons and records that she requires. In addition, a Complaints Referee, who is a serving judge of the Circuit Court, receives and investigates complaints from persons who believe that their communications have been unlawfully intercepted. If the Complaints Referee finds that there has been a violation of the Act, he can order that the interceptions cease and recommend the award of compensation.
It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. The Deputy will understand that this practice of long standing, which has been followed by my predecessors, arises for sound security reasons. Furthermore, section 12 of the Act places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.
The Deputy will appreciate that I am maintaining this practice of my predecessors, but I can assure him that I have never exercised these legal powers to interfere in any way with the work of Members of the Oireachtas.
