Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am aware of the media reports alleging that GCHQ in the UK has tapped undersea communications cables. The media reports also suggest that this may have been linked to surveillance being carried out within the UK's own jurisdiction. My colleague, the Minister for Foreign Affairs and Trade, has already been in contact with the British Embassy on this issue. It has been conveyed that it is generally understood that friendly relationships between states include acceptance of the principle that the privacy of communications must be respected. I agree with the Deputy that protection of data and the privacy of communication are not matters that should be taken lightly, and it is right that communications are safeguarded and protected against unlawful intrusion and interception.

The lawful interception of communications is sometimes a necessary tool for law enforcement authorities in order to protect citizens against terrorism and other serious criminal threats, as I am sure the Deputy will agree. The majority of citizens would accept that there should be a balance between personal privacy and public safety once the mechanisms by which such data is accessed are both legal and proportionate. There is no question of mass surveillance. If we needed reminding of the threat posed by international terrorism then we need only look to the horrific events in Paris last week. Criminals and terrorists have not been slow to take advantage of the various technological advances in communications in recent years. It is essential that our law enforcement and intelligence agencies have the necessary resources to address this dimension of the threat.

The interception of an individual's communications in this State can only occur in the very specific circumstances laid down in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. This Act permits me to authorise an interception but only for the purposes of criminal investigation into serious offences or in the interests of the security of the State. The operation of the Act is overseen by a designated judge of the High Court who reports annually to the Taoiseach on his or her examination of its operation. In addition, a complaints referee, who is normally a serving judge of the Circuit Court, is appointed to receive and investigate complaints from persons who believe that their communications have been unlawfully intercepted. It should be clear from the above that there is no question of me as Minister having authorised or having the authority to authorise the kind of activity alluded to in the Deputy's question. As far as the UK is concerned, the Minister for Foreign Affairs and Trade has taken up that issue with the British authorities.

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