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

I think the Deputy is confusing the statistics under the various pieces of legislation if he is quoting that figure. Those who would seek to commit serious offences or threaten the security of this State have not been slow to embrace the opportunities offered by modern technology at a national and international level. It is, therefore, to be entirely expected that if we want An Garda Síochána and other relevant agencies to be in a position to effectively combat serious crime and terrorism, we must provide them with the necessary and appropriate powers to do so. This is absolutely clear. Such powers, which are available to law enforcement agencies in one form or another the world over, are an important tool for police forces in Ireland and around the world. There is no question about that. Recent events highlight the need for that, and we see it here in respect of a variety of cases.

Looking in detail at the various pieces of legislation, the data available under the Communications (Retention of Data) Act 2011 relates to subscriber, traffic and location data, not the content of communications, and it may only be accessed by the relevant bodies empowered to do so for the purposes prescribed and under the terms set out in the Act.

The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides that an authorisation for interception may only be granted by ministerial warrant on application from the Garda Commissioner, the Chief of Staff of the Defence Forces or the chairperson of the Garda Síochána Ombudsman Commission.

The Criminal Justice (Surveillance) Act 2009 provides for authorisations for intrusive surveillance measures to be granted by a judge of the District Court on application by a senior officer of An Garda Síochána, the Revenue Commissioners, the Defence Forces or the Garda Síochána Ombudsman Commission for the purposes prescribed and under the terms set out in the Act and only in accordance with the respective statutory duties of the bodies involved. One must go to a judge to get agreement for anything in the area provided for under the 2009 Act. An independent complaints referee also operates. There is independent judicial oversight and a report produced every year in respect of all of these Acts. There is also the possibility of a complaint.

Additional information not given on the floor of the House.

In general terms, these targeted powers are only available in the context of investigating serious crime, that is to say, offences that carry a penalty of five or more years in prison, or for safeguarding the security of the State by the Garda Síochána or the Defence Forces. They do not provide for indiscriminate surveillance of members of the public. I am sure the Deputy would agree that the bodies charged with investigating crime and combating terrorism need to have the appropriate statutory powers available to them to carry out their duties in protecting society.

Genuine concerns have been raised as to the balance in our 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. I decided to have an independent examination of the law carried out in respect of access by statutory bodies to the 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. The former Chief Justice, Mr, Justice John Murray, has agreed to carry out the review and he will bring recommendations to me. The outcome of the review will be referred to the relevant Oireachtas committee.

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