Written answers

Thursday, 18 May 2017

Department of Justice and Equality

Surveillance Operations

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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50. To ask the Tánaiste and Minister for Justice and Equality the number of ministerial warrants issued under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 in each of the years 2011 to 2016 and to date in 2017; and if she will make a statement on the matter. [23818/17]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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51. To ask the Tánaiste and Minister for Justice and Equality her plans to review the operation of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in regard to covert surveillance; and if she will make a statement on the matter. [23819/17]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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52. To ask the Tánaiste and Minister for Justice and Equality the number of Garda applications for surveillance powers that were applied for, accepted, amended and rejected by the relevant authorised officer, designated judges or Minister under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in each of the years 2011 to 2016 and to date in 2017; and if she will make a statement on the matter. [23820/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 50, 51 and 52 together.

It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept, including their number. The Deputy will appreciate that this the long-standing practice, which has been followed by my predecessors, and it has been adopted for sound security reasons.

Furthermore, Section 12 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.

As the House will be aware, I am currently working on proposals to extend the interception regime to more modern forms of communication, particularly in the light of threats posed by organised crime gangs and terrorist groups. When the House has a chance to consider any new legislative proposals, all issues which arise in this very important area can be looked at afresh.

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