Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Rabbitte asked if I think the numbers sound high and I do, but I am assured in the report that the proper procedures and requirements are scrupulously observed. It is not a loose arrangement; a case must be put forward by the gardaí and sanctioned by the Minister. I do not have the figures for the number of requests made by the Army but I assume those numbers were higher in the past for obvious reasons.

The important issue is not the number of complaints made, but the number substantiated. The complaints referee has never provided me with a report to the effect that a contravention of either Act has occurred. It seems fair, however, that we should highlight the fact that there is a complaints referee.

On the question of the Assistant Data Protection Commissioner asking if personal phone records are being properly accessed, it is my understanding that he has no role in the area and complaints cannot be considered by him or by the Data Protection Commission. They can only be considered by a complaints referee, who is an independent judicial officeholder.

Under the Act, if the complaints referee upholds a complaint, he is required to inform the complainant in writing of this, report his findings to the Taoiseach and, if he thinks fit, by order, do one or more of the following: quash the authorisation, direct the destruction of any copy of the communication intercepted or make a recommendation for the payment of a sum to the complainant by way of compensation. That is set out in the Act and I am responsible for appointing the complaints referee. The Act requires that the holder of the role shall either be a judge of the Circuit Court, a judge of the District Court or a practising barrister or solicitor of not less than ten years' standing. Judge Carroll Moran is the current complaints referee under the Act.

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