Bertie Ahern (Dublin Central, Fianna Fail)

My role is limited but I will try to be helpful. Only the Minister for Justice, Equality and Law Reform may authorise interceptions. The oversight powers of the designated judge and access of the complains referee are part of the systems of checks, balances and safeguards laid out in the Act. In his most recent report to me, the designated judge stated that he is satisfied the provisions of the legislation are being maintained and the provisions of the 2005 Act are not being used for routine Garda inquiries and investigations.

The security services must be equipped with the necessary powers to detect and prevent crime and maintain national security. Unfortunately, modern communication technologies are often exploited by criminals and terrorists for their own ends and the security services must be able to intercept those communications. In giving powers of interception, the legislation provides a framework within which the use of those powers are subject to independent judicial oversight. Mobile phone use is pervasive, with more than one per head of population, and against such a background it would be expected that there would be a significant number of requests for access to telephone data records.

On the issue of the designated judge taking until March to provide the annual report on the operation of the 2005 Act, in the report sent to me in March 2007, which was laid before both Houses of the Oireachtas, he stated that he considered those charged with the maintenance of records should be given a reasonable period to set up and maintain the scheme designed and intended by the legislation. I remind Deputies that the 2005 Act only came into operation on 8 March 2005. This is a new area of responsibility that requires appropriate new review procedures to be devised and implemented. That is what took so long.

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