Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is assumed that the Deputy is referring to the provisions of the Communications (Retention of Data) Act 2011 which governs access by An Garda Síochána and certain other statutory bodies to communications data retained by service providers. Under the 2011 Act access to communications data may be granted to An Garda Síochána in respect of the prevention, detection, investigation or prosecution of a serious offence, the safeguarding of the security of the State and the saving of human life.

As I stated in the House last week, as Minister I do not have any role and neither does my Department in the process of requesting or authorising access to records under the 2011 Act. Nor do I receive information relating to specific requests that are made in the course of investigations by the bodies that are entitled to access these records. That would simply not be appropriate in the context of the independent investigatory functions of bodies such as An Garda Síochána, an independence that is provided for in the law.

The 2011 Act provides for the review of the operation of its provisions in respect or requests for access to data by a Designated Judge of the High Court. The Designated Judge is entirely independent in carrying out his functions. The Designated Judge has, by law, access to any and all persons and records he deems relevant and reports his findings at least annually to the Taoiseach where this matter is concerned.

The 2011 Act also provides for an independent complaints mechanism whereby any person who believes that data relating to them and that are in the possession of a service provider have been accessed following a disclosure request under the Act may apply to the Complaints Referee for an investigation into the matter. The Complaints Referee has, by law, access to any and all persons and records he deems relevant. If the Complaints Referee finds that the powers in the Act have been contravened he must, inter alia,report this directly to the Taoiseach.