Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I thank Deputy Wallace for his question. The Criminal Justice (Mutual Assistance) Act 2008 implements the EU Convention on Mutual Assistance in Criminal Matters between member states of the European Union of 2000. Part 3 of the 2008 Act deals with mutual assistance regarding requests to or from EU member states for assistance in the interception of telecommunications. The recent decision by the Minister to commence Part 3 of the 2008 Act arises from an obligation under the Treaty of Lisbon whereby the State would be in breach of its obligations to fully implement the provisions of the EU Convention on Mutual Assistance in criminal matters by 1 December this year. An EU convention is at issue, and this mirrors arrangements in other EU countries. Accordingly, it is open to the Garda in Ireland to request similar assistance from other EU member states if it is deemed appropriate.

The convention applies only to criminal matters. It does not apply to intelligence gathering. Essentially, where a lawful interception order is in place in one EU in relation to the investigation of serious crime, it can be given effect in another country upon request in accordance with the domestic law implementing the convention. In Ireland, the arrangements in place will reflect the provision of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. That includes oversight by a designated High Court judge. The provision relating to in camerahearings arises because it would not be appropriate in open court to disclose who might be the subject of an interception order in the investigation of serious crime.

I cannot comment on the allegation of wholesale interception of Irish telephone calls by Britain. That is a matter on which I will come back to the Deputy in the context of the Department of Foreign Affairs and Trade and the Department of Justice and Equality. I do not have the answer here.

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