Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 444 and 445 together.

The interception of telecommunications is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. That Act sets out the conditions justifying interception for the purposes of criminal investigation or in the interests of the security of the State, as well as the procedures required to authorise an interception. In particular, the 1993 Act provides that an application for an authorisation to intercept may be made only by the Garda Commissioner or by the Chief of Staff of the Defence Forces, with the latter requiring a recommendation of the Minister for Defence supporting the application.

It is not the practice and it would be contrary to Section 12 of the 1993 Act to disclose if an authorisation to intercept has or has not been given in any particular case. However, Section 9 of the 1993 Act provides for a Complaints Referee to examine complaints of contravention of the Act. The current Complaints Referee is Judge Michael O'Shea, who may be contacted at the Circuit Court Office, Áras Uí Dhálaigh, Inns Quay, Dublin 7.