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

I am happy to confirm that Operation Mizen is not a surveillance programme operated by the Garda Síochána, contrary to recent assertions in commentary on water protests by public representatives and others. I have been informed by the Garda Commissioner that Operation Mizen was established by the Garda Síochána as a national co-ordination office to provide appropriate policing responses to maintain public order and to ensure the safety of all involved in protests against water charges.

In this context, one of the approaches adopted by the Garda authorities involves making use of open source information that is generally and publicly available on the Internet and on social media platforms. The Deputy probably uses this information when he wishes to locate a convenient water protest at which to appear. I mean it is open source information that is effectively involved. Obviously, I fully support the right of people to protest. I understand that Operation Mizen does not engage in technical surveillance or interception. This is very important. I am further informed that no public representative or member of the public is subject to such surveillance by Operation Mizen.

The Deputy is aware that the Criminal Justice (Surveillance) Act 2009 provides the legislative basis for the carrying out of covert surveillance in this State. Under that Act, authorisations for surveillance are granted on application to a judge of the District Court. As Minister for Justice and Equality, I have no role in that process. The 2009 Act makes provision for independent judicial oversight of its operation by a serving judge of the High Court. The designated judge is independent in his functions and reports to the Taoiseach. His reports are made public. There is also an independent complaints mechanism for individuals who believe they have been the subject of an authorisation under the relevant provisions of the Act. The complaints referee is a serving Circuit Court judge who may investigate any complaints made.

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