Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I saw the media reports that GCHQ in the UK was tapping into undersea communications cables. The media reports actually suggest that if such surveillance is being carried out, it is being carried out within the UK's own jurisdiction. Each country makes its own arrangements to have a capacity to intercept communications but I would expect that any such surveillance by any country would have to have a proper legal basis and that the interference is proportionate to the aim for which it is intended. As the Deputy pointed out, there would be understandable concern if the general principle of the privacy of communications was not being respected.

The need for the protection of people from terrorists and other criminal threats is acknowledged but the point must be made that it is necessary to ensure that the information is properly obtained and subject to appropriate safeguards, in particular in those cases. I would expect that the UK would follow these principles as well.

This matter is being investigated by the European Commission. As I said, these matters are governed by legislation in this jurisdiction and there is no question of any form of mass surveillance here. Furthermore, the relevant legislation is overseen by a designated judge of the High Court and the reports are laid before both Houses of the Oireachtas. Ireland will reiterate its belief at international fora and elsewhere that the principles I just mentioned are adhered to.

The story was based primarily on the grounds that if there had been any tapping or interception of these undersea cables, it occurred outside our jurisdiction. While the article did not specifically address that issue, any tapping or interception of these communications would likely have occurred within the jurisdiction of the UK and would presumably be covered by EU law.

As the Deputy knows, these communications cables are owed by commercial companies. Irish companies, such as Eircom, have an interest in some of the cables. The report goes on to say that the Irish owned cables in question, including those which link Ireland with the US and Canada, are routed through the UK. The matter is being investigated by the Commission. There is no question of mass surveillance here and the collection of any such data would have to be in accordance with the legislation laid down, which, in our case, is overseen by a High Court judge. The reports are laid before both Houses of the Oireachtas.

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