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

As the Deputy is aware, the Garda Síochána Ombudsman Commission, GSOC, was established as a statutory independent body under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. There is widespread support to have such a body. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions, which is an important point as Members in this Chamber refer continually to the need for independent bodies. GSOC has been given extensive powers under the 2005 Act. The Garda Síochána (Amendment) Act 2015 amended the 2005 Act to expand GSOC's remit and powers. Deputy Collins may recall that at the time, a number of Deputies sought the granting of further powers to GSOC.

I assume the Deputy's question relates, as he has stated, to concerns that have been expressed widely in the media recently concerning access by GSOC to the telephone records of journalists. I understand this arose in the context of a criminal investigation being carried out by GSOC. It was misreported in recent days that access to telephone records by GSOC was made possible under the amended powers given to it last year but this is not correct. The relevant legislation, which was introduced by the former Minister, Dermot Ahern, is the Communications (Retention of Data) Act 2011. In the course of the debate at that time, there was discussion of the various balances and public interests that must be served under this legislation.

I make the point that I have absolutely no role in the process of requesting or authorising access to telephone records under current legislation and nor do I receive information relating to specific requests made in the course of investigations. That would not be appropriate, given the point I made about the commission being an independent body. However, issues of genuine concern have been raised as to the balance in the law between the important freedom of journalists to pursue legitimate matters of public interest and the basic rights of persons not to have their personal information improperly disclosed. Bodies investigating crime must have the proper appropriate statutory powers available to carry out their duties. However, it is necessary to examine the balance in respect of entirely legitimate journalistic activity being carried out in the public interest. As the Deputy is aware, the Government agreed with my recommendation to establish an independent review carried out by the former Chief Justice, Mr. Justice John Murray, who was a former member of the European Court of Justice. He will carry out the review, which already has commenced and he already has had initial discussions with officials of my Department.

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