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

The interception of telecommunications and the use of covert surveillance by the Garda and other law enforcement authorities are governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009. The law provides a clear framework and sets out strict criteria for the use of interception and surveillance powers and it also provides for clear judicial oversight mechanisms.

I presume the allegations to which the Deputy refers relate to allegations of abuses of the arrangements in place for the interception of telephone calls. As I said when we discussed this in the House the other day, it would be a matter of extremely serious concern if there were any abuses of the system for intercepting communications. The power of interception is an intrusive one and it is essential to have a proper system of checks and balances. However, I believe people need to be very clear that these powers are essential in the context of dealing with the activities of serious organised crime gangs and also in countering terrorist threats to the State, both national and international. Look at what we have just seen in Manchester.

I outlined in detail to the House last week the position in regard to the operation of the provisions of the 1993 Act. It is important to note that the Minister does not initiate a warrant and may only grant authorisations 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, GSOC, and then only for the purposes of the investigation of serious crime. This is not an ad hocarrangement. It is only for the investigation of serious crime and in the interests of the security of the State and applies only once a number of strict tests that are laid out in the Act are satisfied.

It is overseen by a High Court judge, as I outlined to the House. That judge does important work every year in examining those applications and the judge has the absolute right to demand whatever level of information he or she wants in this regard.

See this speech in context