Phone-tapping concerns raised

Seanad report / Jimmy Walsh: Responding to Opposition concerns, the Minister for Justice, Equality and Law Reform, Michael McDowell, agreed to examine whether existing domestic safeguards concerning the interception of communications of Irish citizens should also apply to proposed powers under a Bill that provides for international co-operation on the tackling of crime.

In the committee stage debate on the Criminal Justice (Mutual Assistance) Bill, the Minister undertook to examine issues raised by Fine Gael and Labour spokespersons Maurice Cummins and Joanna Tuffy.

Mr Cummins said that one of the areas of concern that had been highlighted in the earlier debate and in the media was the interception of communications of Irish citizens living in Ireland by governments of other EU countries. An important safeguard in a 1993 Act allowed a designated High Court judge to "investigate" intercept authorisations.

Reports were to be made to the Taoiseach annually and they were to be laid before the Houses of the Oireachtas. However, he had not been able to find a record of any of these reports being laid before the Houses.

Mr Cummins's amendment was intended to provide an extra layer of scrutiny and protection to people who might be subject to phone-tapping or the interception of telecommunications.

Ms Tuffy said that an aspect of the Bill which caused her particular worry was that another country could decide to access material pending consent from our Minister. That country would be allowed to use the material even though the Minister might not subsequently give his consent to a request.