Dáil Éireann Debate, Tuesday - 1 April 2025
548. Deputy Alan Kelly asked the Minister for Justice whether he or his Department are aware of the any situations in the State, outside of criminal law enforcement by An Garda Siochana, that journalists or public representatives or members of civic society are in any way being targeted with the use of spyware technologies (details supplied). [15344/25]
Amharc ar fhreagraThe Deputy will appreciate that for security and operational reasons, it is not the practice to comment on 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, the Chairperson of the Garda Síochána Ombudsman Commission 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. These bodies are An Garda Síochána, the Garda Síochána Ombudsman Commission, the Defence Forces, the Revenue Commissioners 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.
The operation of both Acts is overseen independently by serving Judges of the High Court who are designated by the Government for this purpose and report to the Taoiseach. In carrying out their functions, the Designated Judges have, by law, full access to all persons and records they consider relevant and all relevant persons have, by law, a duty to co-operate.
Following his appointment, pursuant to the Policing, Security and Community Safety Act 2024, the Independent Examiner of Security Legislation will assume the existing oversight roles carried out by the designated judges relating to the operation of both Acts and also the Communications (Retention of Data) Act 2011. On 25 March 2025, the Government appointed 2 April 2025 as the establishment day of the Office of the Independent Examiner of Security Legislation. The former President of the Court of Appeal, Mr. Justice George Birmingham will then formally take up his post as the first Independent Examiner.
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 him or her.
The Deputy may also be aware that Ireland signed up to the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware in advance of the third Summit for Democracy in the Republic of Korea held in March 2024. Upon joining, the Department of Foreign Affairs issued a national statement which made clear Ireland’s commitment to curbing the proliferation of commercial spyware that has been, or risks being, misused by authoritarian regimes and in democracies. This statement also recognised that these technologies can play a legitimate and important role in supporting the work of law enforcement agencies and security services when they are used in a manner that is consistent with respect for human rights, the rule of law and democratic principles.
