Gardaí made 10,000 requests last year, an "extraordinary number", to access personal telephone records under criminal justice anti-terrorist legislation, the Dáil was told. And it emerged that the Army also used the provisions of the Criminal Justice (Terrorist Offences) Act to request access to telephone records.
Labour leader Pat Rabbitte expressed surprise at the Defence Forces' use of the legislation and asked: "Is it normal in peacetime that the Army would access this information in this way?"
Taoiseach Bertie Ahern did not have the figures for the number of requests made by the Army "but I assume those numbers were higher in the past for obvious reasons". "Mobile phone use is pervasive, with more than one per head of population, and against such a background it would be expected that there would be a significant number of requests for access to telephone data records".
Mr Rabbitte had asked "if I am the only one who thinks it odd that according to the Data Protection Commissioner, the gardaí made over 10,000 requests in 2006," and added that it was the equivalent of almost 30 requests daily to access records.
He queried why no report about Garda requests for access was laid before the Oireachtas. The report laid before the Dáil and Seanad "concerns the inspection of the Army records". The High Court judge designated to have oversight of the operation of the legislation and to report to the Taoiseach "says the documents he has inspected related to those located in the premises of the Army", Mr Rabbitte stated.
Taoiseach Bertie Ahern said a review of both Defence Forces and Garda requests was required and "I will raise the point".
He agreed the figure of 10,000 requests "sounds high", but he was assured in the report by a High Court judge designated to have oversight of the requests that "the proper procedures and requirements are scrupulously observed. It is not a loose arrangement. A case must be put forward by the gardaí and sanctioned by the Minister." Under the legislation a designated High Court judge keeps the legislation under review to ensure its provisions are complied with and reports to the Taoiseach on the issue.
The report is usually received annually and laid before the Oireachtas.
Mr Rabbitte said that a report on requests to access telephone records "relates to the Army accessing telephone records. There is no report for the Garda accessing this number of records."
Fine Gael leader Enda Kenny highlighted that "the vast majority of people do not know" that "the detail, but not the content of every telephone call, mobile phone call, fax, internet use and e-mail are stored for three years. The information includes a daily record of the physical location of mobile phone users and data on every number called, the time of the call and its duration."
He asked if the Taoiseach was satisfied that proper procedures were in place for this. Mr Ahern said he could not answer that "because I do not have the facts".
