The Garda Commissioner, Mr Pat Byrne, is to contact the Law Society today to discover if there is evidence to support its allegations that a solicitors' firm believes it has been the subject of electronic eavesdropping.
The firm, Binchy's Solicitors, represents the McBrearty family who own licensed premises in Raphoe, Co Donegal. The McBreartys are at the centre of allegations about corrupt activity by gardai in Co Donegal and claim to have been subject to a campaign of harassment by gardai.
Binchy's Solicitors issued a statement yesterday saying its suspicions that it was subject to electronic surveillance were based on "information received from sources known to us to be reliable".
However, a spokesman for the firm would not reveal the identity of the "sources" or any other detail about being the subject of surveillance.
According to Garda sources yesterday, the Commissioner has yet to receive any indication from either the Law Society or the firm of solicitors about exactly why they believe the eavesdropping took place.
It is understood that Binchys' suspicions may have begun earlier this year over an incident in which information discussed on the telephone about the appointment of a barrister to represent the McBrearty family came into the possession of the Garda.
Two barristers in the case have made complaints to their representative association, the Bar Council.
The Garda Commissioner has already said he did not sanction telecommunications interception in respect of Binchy's Solicitors. Only the Garda Commissioner and the Chief-of-Staff of the Defence Forces can authorise telephone interceptions.
The warrant for an interception must also be signed by the Minister for Justice, who must be satisfied that it is being done for the purposes of a criminal investigation into serious offences - which warrant a prison sentence of five years or more - or in the "interests of the security of the State".
Telephone interceptions on behalf of the Garda or Defence Forces are then carried out by phone engineers under the authorisation of the Minister for Public Enterprise.
The number of telephone interceptions is not revealed although it is understood it amounts to between 50 and 70 a year. According to Garda sources the interceptions on behalf of the State are part of investigations into organised crime and dissident republican terrorists.
The operation of interceptions is overseen by the President of the High Court, and there is a referee who can investigate complaints and provide redress where an interception has been carried out wrongfully. The referee is Judge Kieran O'Connor.
The President of the High Court issues a report on his review each year, which is presented to the Taoiseach and then placed in the Dail library. This report reveals little detail and states that the operation of the interceptions, to his knowledge, was within the terms of the legislation, the 1993 Interception of Postal Packets and Telecommunications Messages (Regulations) Act.
Senior Garda sources yesterday said the system did not allow for "rogue" or "unofficial" placing of taps, and no officer could have a phone tapped without the knowledge and written consent of the Commissioner.
However, the sources acknowledged that there was a wide variety of "bugging" equipment available on the open market, and such devices were used for commercial or industrial espionage.
The sources pointed out that if the lawyers could provide information to support their allegations there was likely to be a Garda criminal investigation as telecommunications interceptions were an offence punishable by imprisonment. There could also be other offences such as breaking and entering and trespass.