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

I am sure all in this House will share my view that a free press plays an essential role in a democratic society in fostering full, free and informed debate on all issues of public concern. It is, therefore, of fundamental importance that journalists be able to carry out their legitimate work unhindered.

Concerns have been expressed in recent days on the question of access to the telephone records of journalists in the context of a criminal investigation being carried out by the Garda Síochána Ombudsman Commission, GSOC. Access to communications data is governed by the Communications (Data Retention) Act 2011. I must emphasise that I do not have any role, nor does my Department, in the process of requesting or authorising access to telephone records or logs under the 2011 Act; nor do I receive information on specific requests made in the course of those investigations. We have had many calls for strong, independent monitoring in various arenas and that is what we set up in GSOC. It would not be appropriate, in the context of the independent functions of bodies such as GSOC, for me to have that kind of information. It is an independent body which acts independently. As the House will be aware, genuine concerns have, however, been raised about the balance in the current law between the important freedom journalists should rightly have to pursue legitimate matters of public interest and the basic right of persons not to have their personal information improperly disclosed. This raises very complex issues. We are talking about the various balances between, for example, criminal investigation, the public interest, protecting sources and the rights of victims. These are fundamental issues for any society and democracy to manage in the best possible way.

I went to the Government today and it agreed to my proposal to establish an independent review of the law in respect of access to the telephone records of journalists. The review will cover all bodies that can have access to records under the Data Retention Act, including GSOC, An Garda Síochána, the Revenue Commissioners and the Defence Forces. The 2011 Act which was introduced by the former Minister Mr. Dermot Ahern in 2011 provides all of these bodies with that authority. I am pleased that the distinguished former Chief Justice John Murray who was also a former member of the European Court of Justice has agreed to carry out the review. I express my appreciation for his immediate agreement to conduct the review which I expect and anticipate will be completed in three months. It is about looking at the issue and getting a speedy report on the legislation.

Mr. Murray will be examining whether further safeguards are necessary. I have also asked him to look at the international situation. The draft terms of reference for the review are to examine the legislative framework in respect of access by statutory bodies to communications data of journalists held by communications service providers, taking into account the principle of protection of journalistic sources, the need for statutory bodies with investigative and-or prosecution powers to have access to data in order to prevent and detect serious crime, and current best international practice in this area. There must be clear criteria for accessing these records. It must be in respect of a serious offence which is punishable by a term of imprisonment of up to five years.

With regard to GSOC, in particular, while fully respecting the independence of the Ombudsman Commission, I was glad to meet this morning its chairperson, Ms Justice Mary Ellen Ring who was appointed by the Government some months ago and is a judge of the High Court. She has assured me of the clear and strict procedures in place in GSOC in this area and that it is operating fully within the law. She emphasised to me that GSOC requests for access to telephone records were decided at the level of the chairperson. As the Deputies said, within An Garda Síochána there is a request from a superintendent which is decided at chief superintendent level.

I have assured Ms Justice Ring - I emphasise this point to the House - that there is no question whatsoever of the review of the law in this area reflecting any lack of confidence in GSOC. The review arises not from the facts of any particular case but from the genuine concerns raised about the overall balance of the law in this area. While I am sure Deputies share my view that statutory bodies investigating offences need to have the appropriate statutory powers available to them to carry out their duties which are very important, we need to examine the balance in respect of entirely legitimate journalistic activity being carried out in the public interest. That is what I envisage being done in the review.

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