Dáil Éireann Debate, Tuesday - 16 June 2026
685. Deputy Peadar Tóibín asked the Minister for Justice, Home Affairs and Migration the oversight mechanisms in place to ensure the Garda is not acting on unfounded or false intelligence when engaging in surveillance. [45532/26]
Amharc ar fhreagra688. Deputy Peadar Tóibín asked the Minister for Justice, Home Affairs and Migration in light of proposals to expand Garda powers to monitor phones, CCTV, and private homes, the specific protections that will be put in place for whistleblowers, journalists, and innocent civilians. [45537/26]
Amharc ar fhreagra689. Deputy Peadar Tóibín asked the Minister for Justice, Home Affairs and Migration given the number of serious criminal cases involving gardaí that come before the courts, the steps the Government will take to justify expanding surveillance powers without first strengthening civilian protections. [45538/26]
Amharc ar fhreagraI propose to take Questions Nos. 685, 688 and 689 together.
I understand the Deputy's question to relate to my announcement in January of this year that the Government had approved my proposals to draft a new Communications (Interception and Lawful Access) Bill which will update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
Updating this long-standing legislation is essential to ensure that the law in this area can yield the intelligence that is vital to combat serious and organised crime and threats to the security of the State, including terrorism.
The legislation will include a general principle that interception powers apply to all forms of communications, whether encrypted or not, and can be used to obtain either content data or related metadata, such as phone call or email time and date and the sender and receiver of a communication.
There will also be a provision for the use of covert surveillance software to gain lawful access to electronic devices and networks for the investigation of serious crime and security threats. These technologies can play a legitimate role when used in a lawful manner that is consistent with respect for human rights.
The legislation will set out robust legal safeguards. At present, I have responsibility as Minister for authorising interception requests under the 1993 Act. My proposals will maintain a role for the Minister but will also introduce judicial authorisation of interception requests.
In addition, there will be provisions requiring agencies seeking an interception to outline any issues that may arise with regard to legally privileged material. The aim is to ensure that the authorising Judge is on notice of the possibility of such issues and is in a position to consider whether any conditions or directions might be needed in such cases.
The General Scheme will also confirm the role of the Independent Examiner for Security Legislation in providing ongoing monitoring and oversight and there will also be an independent complaints procedure. Both of these measures apply already to the current Act.
