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

I thank the Ceann Comhairle for giving me an opportunity to address this matter. While it has been alleged in recent reports that there have been abuses in the interception of communications, it would be quite wrong to suggest it has been established that there has been widespread abuse of the interception system. Of course any abuse would be completely unacceptable. The reports do not specify the timeframe for these allegations, but I understand, in so far as it can be established, that they relate to the early 2000s. Plainly, it would be a matter of concern if there were any abuses of the system for intercepting communications. The notorious improper interception of journalists phones in the early 1980s led to the current legislation, which contains strong safeguards to ensure the system of interceptions is operated properly. As Deputies are aware, the interception of phones is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, which sets out clearly and in detail the arrangements for giving effect to an interception.

It is important to use the short time available to me to give the House a full understanding of the multilayered checks and balances in the system. A Minister for Justice and Equality cannot initiate a warrant and can only act on applications made to him or her. A Minister for Justice and Equality does not and would not have any access to the content of any interception that may be made. The 1993 Act provides that only the Minister for Justice and Equality may grant authorisations to intercept communications; that this may be done only on the basis of a reasoned application from the Garda Commissioner, the Chief of Staff of the Defence Forces or the chairperson of the Garda Síochána Ombudsman Commission; that this may be done only for the purposes of the investigation of serious crime and in the interests of the security of the State; and that this may be done only when a number of strict tests, as set out in detail in sections 4 and 5 of the 1993 Act, are satisfied.

The conditions that apply to "serious crime" are that an investigation is being carried out into a serious crime or to prevent a serious crime, and that investigations not involving interception have not produced and are unlikely to produce the necessary information or evidence and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy. The conditions that apply to protecting "the security of the State" are that investigations are being carried out based on a reasonable belief that activities which are going on endanger the State's security, and that investigations not involving interception have not produced and are not likely to produce the necessary information or evidence and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy. As a further check, all applications must be considered by a senior officer of the Department before being submitted to the Minister to ensure the conditions set out in the Act are satisfied. All applications from the Chief of Staff of the Defence Forces must also be recommended by the Minister for Defence before submission.

The designated serving judge of the High Court who independently oversees these matters must report to the Taoiseach at least once a year on the operation of the Act. Over the years, these reports, which are laid before the Oireachtas, have confirmed that the Garda and Army authorities have been in compliance with the Act. There has been some adverse reflection on the work of the designated judges. I must say this is utterly ill-founded. One should not underestimate for a moment the importance of the constitutional independence of the designated judges or, indeed, the considerable experience and abilities of the individuals who have carried out that role with distinction. The designated judge has full powers of access to all relevant people and documents. There is a corresponding obligation in law on all relevant people to co-operate. The current designated judge is Ms Justice Marie Baker. She is aware of the matters in question as they were raised with her by the Garda authorities. It is a matter for her to decide what action she will take in respect of these issues.

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