Niall Collins (Limerick, Fianna Fail)
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385. To ask the Minister for Justice and Equality if she is aware of any Garda Síochána operations in which journalists' telephones are being monitored, or their conversations recorded, in any medium; and if she will make a statement on the matter. [33215/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. The Deputy will appreciate that this practice, which has been followed by my predecessors, arises for sound security reasons.

The Deputy will be aware that the legislative basis for the carrying out of covert surveillance is the Criminal Justice (Surveillance) Act 2009 while the interception of telecommunications is provided for in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

As Minister for Justice and Equality I have no role whatsoever in the operation of the provisions of the Criminal Justice (Surveillance) Act 2009. Under the 2009 Act, authorisations for intrusive surveillance are granted by a judge of the District Court on application by a superior officer of An Garda Síochána, the Revenue Commissioners or the Defence Forces in circumstances which are set out in the Act.

In relation to lawful interception, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides that an authorisation for interception may only be granted by Ministerial warrant on application from the Garda Commissioner and the Chief of Staff of the Defence Forces and only for the purposes of the investigation of serious crime or protecting the security of the State.

I should emphasise that the provisions of both Acts are subject to independent judicial oversight by Judges of the High Court, designated by the Government for that purpose. The Designated Judge has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the relevant legislation. In addition, each Designated Judge reports to the Taoiseach on an annual basis on the operation of the legislation. These reports are laid before the Houses of the Oireachtas. Furthermore, both Acts provide for a complaints mechanism whereby an individual who believes that he or she has been subject to surveillance or whose communications have been intercepted may apply to the Complaints Referee, appointed in accordance with the relevant Act, for an investigation into the matter.

The Deputy will appreciate that I am maintaining the long-standing practice of my predecessors, but I can assure the Deputy that I have never exercised the legal powers I have to interfere in any way with the work of the category of persons to which he refers.