Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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179. To ask the Minister for Justice and Equality with regard to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the roles assigned to the Minister for Justice and Equality and the Minister for Defence in that legislation, the date the order was made to assign to the Minister for Communications, Energy and Natural Resources the responsibilities of the Minister for Justice and Equality in relation to considering requests from the Chief of Staff of the Defence Forces supported by the Minister for Defence under section 6 of the legislation; the reason it was considered appropriate to substitute the role of the Minister for Justice and Equality rather than that of the Minister for Defence; if he has relinquished or arranged to be transferred any other powers or responsibilities to Cabinet Ministers under any other legislation; if so, the details of same; the Minister to whom the powers were transferred; and if he will make a statement on the matter. [11216/14]

Alan Shatter (Dublin South, Fine Gael)
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The lawful interception of telecommunications and postal packets is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

As the Deputy is aware, only the Garda Commissioner and the Chief of Staff of the Defence Forces may make applications for authorisations under the Act. An application from the Chief of Staff of the Defence Forces may be made only where the application is in the interests of the security of the State. Such an application must be accompanied by a recommendation, in writing, of the Minister for Defence supporting the application.

A consequence of my appointment as both Minister for Justice and Equality and Minister for Defence was that the functions of making a recommendation supporting the Chief of Staff’s application and that of deciding whether or not to issue the authorisation would be exercised by the same person albeit in different capacities. My Department sought the advice of the Attorney General on the matter. Their advice indicated that there was no legal impediment to relying on authorisations issued by me as Minister for Justice and Equality. In his Report for the year 2011 the ‘Designated Judge’, Mr. Justice Iarfhlaith O’Neill of the High Court, whose function it is to keep the Act under review, commented on this dual role. He noted that while there was technical compliance with the Act, the situation appeared anomalous.

In light of his report and following further legal advice on the matter by the Attorney General, which agreed with the earlier advices, it was considered desirable to remove any perception of an anomaly to transfer the functions under the 1993 Act relating to authorisation of requests for Interception from the Chief of Staff of the Defence Forces to the Minister for Communications Energy and Natural Resources under the Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (No.76 of 2012) with effect from 13 March 2012.

The reason why it was considered more appropriate to transfer my powers as Minister for Justice and Equality in this instance was due to the wider relationship which the Chief of Staff of the Defence Forces has viz-a-viz the Minister for Defence.

Other powers of the Minister for Justice and Equality which have been the subject of transfer orders are as follows:

Responsibility for the Equality Tribunal was transferred to the Minister for Jobs, Enterprise and Innovation under the Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (No. 531 of 2011) with effect from 1 January 2013.

With effect from 19 June 2013, the functions under Sections 2 and 3 of the Censorship of Publications Act, 1946 (which relate to the Censorship of Publications Board and the Censorship of Publications Appeal Board) were transferred by the Government to the Minister for Arts, Heritage and the Gaeltacht. This transfer was effected by the Censorship of Publications Board and Censorship of Publications Appeal Board (Transfer of Ministerial Functions) Order 2013 (S.I. No. 255 of 2013).

The functions under Section 7 of the Defence (Amendment) Act 2011 were transferred to the Minister for Communications, Energy and Natural Resources with effect from 13 March 2012. This transfer was effected by The Military Judge (Temporary Designation) (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. 82 of 2012).

The Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011, (S.I. No. 668 of 2011) transferred the administration and business linked to Section 98 (other than 98(12) and 98(13)) and Part 10 of the Children Act 2001 to the Minister for Children and Youth Affairs with effect from 1 January 2012.