Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 124: To ask the Minister for Justice, Equality and Law Reform if he will make a statement, including the implications for Ireland, on the finding of the European Court of Human Rights on 1 July 2008 that the rules governing data interception in the UK are in breach of the right to privacy under Article 8 of the Convention. [27012/08]

Dermot Ahern (Louth, Fianna Fail)
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Lawful interception in this jurisdiction is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. That Act sets out clearly the conditions justifying interception for the purposes of criminal investigation or in the interests of the security of the State. It also sets out clearly the procedures required to authorise an interception. In particular, the Act provides that an authorisation to intercept may only be granted by the Minister for Justice, Equality and Law Reform following an application which may be made only by the Garda Commissioner or by the Chief of Staff of the Defence Forces, with the latter requiring a recommendation of the Minister for Defence supporting the application.

In accordance with the provisions of the 1993 Act a Designated Judge of the High Court is charged with keeping the operation of the legislative provisions under review, of ascertaining whether these provisions are being complied with and reporting at least annually to the Taoiseach on these matters. The Designated Judge is completely independent in his oversight function. The Deputy will be aware that in all previous reports to the Taoiseach the Designated Judge has expressed satisfaction that the statutory provisions are being complied with.

The legislation also provides for a separate Complaints Referee, who is currently a Judge of the Circuit Court. Persons may apply to the Complaints Referee for an investigation if they consider that there may have been a contravention of the Act. The Complaints Referee is completely independent in his functions and must report any contraventions found to the Taoiseach. Such reporting provides a further safeguard in relation to the State's lawful interception through the provision of an independent complaints procedure for members of the public who believe that a communication sent to or by them may have been intercepted. The Deputy will note that no such report has been received by the Taoiseach, which indicates that the Complaints Referee has never to date concluded, on investigation of a complaint, that there has been a contravention of the relevant provisions of the 1993 Act.

The 1993 Act does not permit the issue of warrants of the type which were found by the European Court of Human Rights to be in violation of Article 8 of the Convention. The mass interception of external communications is not a feature of our lawful interception regime. I believe that the statutory provisions in place in this jurisdiction provide a sound framework, with robust safeguards for the public, with regard to lawful interceptions.