Written answers

Friday, 16 September 2016

Department of Justice and Equality

Surveillance Operations

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

171. To ask the Minister for Justice and Equality if Irish law requires telecommunications companies to establish the capability to intercept messages transmitted by the company; if so, the legal basis on which such an obligation is imposed; if the costs of such a capability are reimbursed by the State; and if she will make a statement on the matter. [25969/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Telecommunications services providers are required to maintain a capacity to intercept telecommunications messages in accordance with the provisions of section 110 of the Postal and Telecommunications Services Act 1983, as amended. The State does not reimburse the costs associated with this.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

172. To ask the Minister for Justice and Equality the reason the Murray review of the law on surveillance of journalists, which was to be completed within three months from January 2016, has been delayed; when it will be completed; and if she will make a statement on the matter. [25998/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The terms of reference of the Murray Review are to examine the legislative framework in respect of access by statutory bodies to communications data of journalists held by communications service providers, taking into account the principle of protection of journalistic sources; the need for statutory bodies with investigative and /or prosecution powers to have access to data in order to prevent and detect serious crime; and current best international practice in this area.

The review is being carried out on a pro bono basis by former Chief Justice, Mr. Justice John L Murray. The work of the review involves the analysis of complex aspects of Irish and international law, particularly European law, in this area as well as consultation with relevant agencies and stakeholders. Given the complexity of the work involved and the need to receive and consider submissions and observations from a range of agencies and stakeholders it is not possible to say precisely when it will be completed. Recent important developments in EU caselaw also require detailed scrutiny. Judge Murray intends to complete the review as quickly as possible however consistent with a comprehensive assessment of the issues involved.

Comments

No comments

Log in or join to post a public comment.