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

As that letter pointed out, under the current legislation, a report is done every year by a judge who, I am satisfied, has access to all of the records he needs. In this instance, the most recent report was published in November 2015 by Judge Paul McDermott. As Deputy Wallace rightly points out, there is an opportunity, if one has a complaint, to take it up, and there is an identified judge, Judge Hanna of the Circuit Court, who deals with complaints which are made in regard to any such access to records, if an individual has a complaint in regard to it.

To take up Deputy Daly's point, the various bodies which are named in the 2011 Act will also be considered, as I have made very clear. This is not just about GSOC but also about the access that An Garda Síochána, the Revenue Commissioners and the Defence Forces have in regard to these powers. This is included in the term of reference.

It is important to again put on the record of the House that the purpose of the Communications (Retention of Data) Act 2011 is not to pry into the communications or privacy of individuals but to support the work of statutory agencies which are carrying out important work in investigating what have to be serious criminal offences - that is the criteria. This clearly is a key factor in determining whether the decision is agreed to give access to those records. I think most fair-minded people in this House would agree these powers are necessary; the question is what are the appropriate checks and balances. That is precisely what I have asked the judge to review because, of course, we must have the strongest checks and balances possible in view of the importance of these issues. There are balances, and I have mentioned the balance between privacy and criminal investigation, defending the public interest, the rights of victims and, of course, the rights of journalists to protect their sources. These are the issues that will be taken into account.

When we are considering the rights of journalists, I would make the point that we must also take into account the very legitimate rights of a person or their family not to have personal information put in the public arena. We have to realise how very distressing it can be for individuals and families when information is leaked.

As I said, this review will be carried out by the former Chief Justice, Mr. Justice Murray. I believe this is a measured and responsible response to the issues raised, rather than rushing headlong into a legislative amendment. We need to consider these very complex issues.

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