Seán Ó Fearghaíl (Kildare South, Fianna Fail) | Oireachtas source

I appreciate that the Minister is in a unique position. I examined the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. There is a potential issue which may arise due to the fact that the same person is Minister for Justice and Equality and Minister for Defence. Under section 6(1) an application authorising an interception in the interests of the security of the State is made by the Garda Commissioner or the Chief of Staff of the Defence Forces. The Minister for Justice and Equality decides whether the these authorisations should be granted. However, where the application is made by the Chief of Staff of the Defence Forces, it must be accompanied by a recommendation in writing from the Minister for Defence supporting the application. In such instances the Minister for Justice and Equality would be considering an application that must include a supporting recommendation from the Minister for Defence. I suggest that creates a difficulty since the Minister for Justice and Equality is required to consider these applications carefully. However, if the application is to be accompanied by a recommendation from him in his role as the Minister for Defence, then it is difficult to see how he could be impartial and assess the issue impartially in his position as Minister for Justice and Equality.

See this speech in context