Dáil Éireann Debate, Tuesday - 27 January 2026
192. Deputy Paul Murphy asked the Minister for Justice, Home Affairs and Migration the way threats to the security of the State will be defined under proposed legislation to create additional covert surveillance and interception powers; the safeguards which will be put in place to protect individual freedoms and privacy rights; and if he will make a statement on the matter. [6018/26]
Amharc ar fhreagraI recently announced that the Government had approved my proposals for a new Communications (Interception and Lawful Access) Bill which will update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
This legislation is essential to ensure that the law in this area is as up-to-date as possible and can yield intelligence that is vital for dealing more effectively with serious and organised crime, terrorism and threats to the security of the State.
Generally speaking, the definition of key legal terms will be addressed as work proceeds on the General Scheme.
With regard to the interpretation of 'national security', I can say that, for good reason, it is the long established view that there is a need for flexibility to allow the Courts to interpret this term in the context of the law and the Constitution generally in particular cases. This approach recognises the continually evolving nature of threats to the security of the State. The European Court of Human Rights, in the 2010 case of Kennedy v the United Kingdom, made a number of observations, in considering the requirement for foreseeability of the law, on the nature of threats to national security including the observation that such threats may be unanticipated or difficult to define in advance.
I am committed to including robust legal safeguards and I therefore proposed to Government that the Bill should include a new requirement for judicial authorisation of requests for interception. I also propose to include a requirement that agencies making an interception application will have to outline any issues with regard to privileged material.
The General Scheme which is being drafted will also confirm the role of the Independent Examiner for Security Legislation in providing ongoing monitoring and oversight. There will also be an independent complaints procedure.
