Bertie Ahern (Dublin Central, Fianna Fail)

I propose to take Questions Nos. 5 to 9, inclusive, together.

The Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993 empowers the interception of postal packages and telecommunications messages for the purpose of criminal investigation or in the interests of the security of the State. The Criminal Justice (Terrorist Offences) Act 2005 provides for the retention of telecommunications data and access thereon for the purpose of criminal investigation and in the interests of the security of the State. The Acts also include comparable mechanisms for judicial oversight of compliance with their provisions and for addressing complaints.

My role in respect of the operation of the Acts is as follows. A High Court judge, the judge designated for that purpose by the President of the High Court under section 8 of the Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993, has the duty of keeping the operation of that Act under review, of ascertaining whether its provisions are being complied with and of reporting to me. That report is usually received annually and is laid by me before the Houses of the Oireachtas. The most recent report was laid before both Houses of the Oireachtas on 28 November 2006.

The Criminal Justice (Terrorist Offences) Act 2005 conferred additional duties on the designated judge. Those duties are similar to the ones conferred by the 1993 Act and relate to the retention of and access to communications data. The Act also provides for the designated judge to report to me with regard to its operation and the first such report was laid before both Houses of the Oireachtas on 26 March 2007, in respect of the operation of the Act by the Garda Síochána. On 12 April 2007 the second report under the Act, this time in respect of the operation of the Act by the Army, was laid before both Houses.

Section 9 of the 1993 Act provides for the appointment by the Taoiseach of a complaints referee. A person who believes a postal package or a telecommunications message or communications data has been intercepted may apply to the complaints referee to have the matter investigated. The complaints referee will then investigate whether a relevant authorisation was in force and, if so, whether there was any contravention of the provisions in the Act.

If a contravention is found by the complaints referee to have occurred, he will report the matter to the Taoiseach. To date, no such report has been received by me. Both the designated judge and the complaints referee are judges of standing and are independent in the exercise of their functions under the Acts.

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