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

As I said, public reporting on this issue has not been specific as to the timeframe for these allegations. I have been advised that in May 2008, in the context of illegal action for personal injuries, certain allegations were brought to the attention of the Department of Justice about abuses in the system. These certain matters and questions related to the early 2000s. These matters were brought to the attention of the then designated judge who examined them and concluded that there had been no breaches of the Act. Obviously, the Act has been overseen, as I said, and the designated judges have satisfied themselves that it is being operated in accordance with strict legal requirements. If there is evidence of anything else, that is investigated at any one particular point.

I also understand that following the settlement of a legal case earlier this year, An Garda Síochána contacted the designated judge to bring matters which arose in those legal proceedings to her attention, so the designated judge is aware of these matters and it is a matter for her to decide what, if any, action on her part might be necessary regarding this matters. To answer Deputy Ryan's question, the appropriate person to look into it is the designated judge who, as I have said, has full and independent powers in this regard. If one reads the Act, it is very clear that the functions of a designated judge are prescribed by law and I cannot seek to interfere with the exercise of these powers in any way. The House can be satisfied, however, that a constitutionally independent person is in place with full legal powers to address these matters. The important issue is not the length of the reports but the substance of the process.

Allegations have been made in reports that the phone of a political activist was intercepted at a time in the past. It is never the practice to comment publicly on the use of these powers in any particular case. There are restrictions in the law on the disclosure of the existence of particular interceptions. In respect of allegations made in reports, they have not been very detailed but it would appear, as I have said, they relate to matters alleged to have arisen in the early 2000s. Of course, many in this House will recall that at that time there were people who described themselves as political activists who were at the same time engaged in activities in support of unlawful organisations.

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