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

As the Deputy is aware, I recently have put various figures into the public arena on the question he has asked. The review's terms of reference are to consider international best practice and the legislative framework. It is the case in respect of all the Acts in this area that judicial reviews are carried out, which is important. The Deputy rightly raises the question as to whether, perhaps with regard to particular categories, there should be access in the first instance to a judge. This is one question I imagine Mr. Justice Murray intends to examine because the question of best practice and, as the Deputy is aware, the European Court of Human Rights issue regarding the protection of journalistic sources have received particular attention. One must make the point immediately that in the case of the investigation of serious crime, it is important that the Garda, GSOC and other bodies are able to take whatever actions they need but obviously having safeguards in place is important. At present, there are reports by judges, as well as a complaints process. I make the point that to date, no complaint has been upheld regarding the use of this tool.

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