Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

1524. To ask the Tánaiste and Minister for Justice and Equality if he can guarantee that no journalists or Members of the Houses of the Oireachtas are in any way being targeted by or have ever been targeted by the use of modern spying technology or communications interception technology by any arm of the State. [18799/25]

Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

1525. To ask the Tánaiste and Minister for Justice and Equality when he last discussed the use of modern spying technology or communications interception technology and how it is being used in the State with the Garda Commissioner. [18800/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 1524 and 1525 together.

As Minister for Justice, I have regular engagement with the Garda Commissioner on the provision of policing services and security services most recently on 25 April 2025. The Deputy will however appreciate that for sound security and operational reasons, it is not the practice to comment on the detail of such engagement or the specific means that may be used by State agencies in exercising statutory covert powers.

Interception is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 under which the Minister for Justice may authorise bodies designated under the Act to intercept communications but only for the purposes of investigating serious crime or safeguarding the security of the State, subject to a number of strict conditions. Under section 6 of the Act, an application for authorisation of interception may be made to the Minister for Justice by the Garda Commissioner, Fiosrú - Oifig an Ombudsman Póilíneachta, or the Chief of Staff of the Defence Forces.

Surveillance is governed by the Criminal Justice (Surveillance) Act 2009 under which a District Court judge may authorise bodies designated under the Act to carry out surveillance for the purposes of the investigation and prevention of arrestable offences and maintaining the security of the State. In this case, the bodies those mentioned above as well as Revenue and the Competition and Consumer Protection Commission. Section 7 of the Act provides that a member or officer of a body designated under the Act may carry out surveillance without an authorisation in cases of urgency and subject to strict conditions. Section 8 of the Act provides for the use of a tracking device where approved by a superior officer of a designated body, and subject to strict conditions.

Since 2 April last, the operation of both Acts and the Communications (Retention of Data) Act 2011 is now subject to oversight by the Independent Examiner of Security Legislation under section 234 of the Policing, Security and Community Safety Act 2024. This role was transferred to the Independent Examiner from serving High Court judges and reports to the Taoiseach. In carrying out his functions, the Independent Examiner has, by law, full access to all persons and records he considers relevant and all relevant persons have, by law, a duty to co-operate.

In addition there is a Complaints Referee who can receive and investigate complaints. In carrying out his functions, the Referee has by law full access to people and records he considers relevant to his investigations and any such person has a duty to cooperate with the Referee.