Written answers

Tuesday, 4 March 2008

Department of Justice, Equality and Law Reform

Departmental Reports

9:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 111: To ask the Minister for Justice, Equality and Law Reform if he will make a statement on the report submitted to him on 14 December 2007 by the designated judge under the Interception of Postal Packages and Telecommunications Messages (Regulation) Act 1993 Section 8(1) as substituted by the Criminal Justice (Terrorist Offences) Act 2005, Section 66. [4113/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 148: To ask the Minister for Justice, Equality and Law Reform when he last received a report from the Complaints Referee appointed under Section 9 of the Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993; the main findings of the report; and if he will make a statement on the matter. [6505/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 501: To ask the Minister for Justice, Equality and Law Reform when he last received a report from the judge designated under Section 67 of the Criminal Justice (Terrorist Offences) Act 2005, to keep under review the provisions in the Act in regard to powers given to An Garda Síochána to access data in regard to telephone records; and if he will make a statement on the matter. [6507/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 502: To ask the Minister for Justice, Equality and Law Reform when he last received a report from the High Court Judge, designated under Section 8 of the Interception of Postal Packages and Telecommunication Messages (Regulation) Act 1993, to keep the Act under review; the main findings of the report; and if he will make a statement on the matter. [6506/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 111, 148, 501 and 502 together.

The most recent report of the Designated Judge to the Taoiseach on the operation of both the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 was made on 14 December, 2007. This report, with no material excluded, was laid before the Houses of the Oireachtas on 21 December, 2007.

The Deputy will be aware that the Designated Judge's oversight function and the ensuing reports to the Taoiseach, pursuant to Section 8 of the 1993 Act and Section 67 of the 2005 Act, provide an important public safeguard in relation to the State's lawful interception and telecommunications data access arrangements. In particular, these reports set out the findings of the Designated Judge's ongoing review of the operation of both the 1993 Act and Part 7 of the 2005 Act, including whether the Garda Síochána and the Permanent Defence Force are complying with their provisions.

I am pleased to note that in his most recent report, the Designated Judge expressed satisfaction that the provisions of both statutes are being complied with, after having inspected and checked the records maintained by the Garda Síochána, the Permanant Defence Force and my Department and after having received a satisfactory explanation to such queries as he raised. I welcome this finding, as I do the similar, previous findings of earlier reports of the Designated Judge.

In relation to reports by the Complaints Referee pursuant to Section 9 of the 1993 Act, such reporting provides a further safeguard in relation to the State's lawful interception arrangements by forming part of an independent complaints procedure for members of the public who believe that a communication sent to or by them has been intercepted. I am pleased to note that, to date, no such report has been received by the Taoiseach, which indicates that the Complaints Referee has, to date, never concluded, upon investigation of a complaint, that there has been a contravention of the relevant provisions of the 1993 Act.

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