Fianna Fáil is to propose draft legislation preventing the Garda Síochána Ombudsman Commission (GSOC) accessing confidential communications between journalists and sources without a court order.
Fianna Fáil justice spokesman Niall Collins aims to introduce the Garda Síochána (Amendment) Bill 2016 in the Dáil tomorrow.
Under this, the High Court could only grant GSOC an order “in exceptional circumstances where the public interest so required”.
Minister for Justice Frances Fitzgerald has been asked to explain to the Dáil the accessing of journalists’ telephone records after Sinn Féin justice spokesman Pádraig Mac Lochlainn said he had “grave concerns”.
He called on Ms Fitzgerald to make a statement explaining how long surveillance had been in effect and the extent of the investigations.
He said it was a matter of grave concern. “The seemingly routine nature of self-warranted investigation into journalists’ sources is a very worrying insight into the inner workings of those who are meant to defend the public good,” he said.
“The Minister for Justice must make a statement to the Dáil, detailing how long this has been the case, how many journalists have been monitored and what impact this had had on those under surveillance.”
‘System of intrusion’
The Donegal TD said he acknowledged not all leaks to the press served the common good, but a “system of intrusion and surveillance is not the answer”.
The current controversy began last week when The Irish Times revealed GSOC had accessed the mobile phone records of two journalists without their knowledge or consent as part of an investigation into Garda leaks.
The investigation began when a friend of model Katy French made a complaint to GSOC alleging unknown Garda members had leaked information about her death in 2007 and related matters.
To establish which, if any, gardaí were in contact with the journalists, their mobile phone records were accessed.
Those Garda members whose phone numbers were found in the records were contacted and asked to explain, despite two of the members being sanctioned to speak to the media at the time.
The Association of Garda Sergeants and Inspectors (AGSI), Garda Representative Association (GRA), Irish Council for Civil Liberties (ICCL) and the National Union of Journalists (NUJ) have all expressed their concern at the revelations.
The AGSI said GSOC had been established to investigate complaints against Garda members and if it wanted access to the telephone records or other personal data of journalists it should, under law, be required to set out its reasons to a judge on each occasion.
The ICCL said the recommendations of the review ordered by Ms Fitzgerald must be published, and a timeline for implementation set out.
Press freedom
The National Union of Journalists said the repeal of the contentious powers could not wait until after the general election.
It also pointed out the legislation that gives GSOC the power to check journalists’ records can also be used by State agencies to sanction its own staff to secretly monitor the phones of any citizens.
The NUJ welcomed the announcement by Ms Fitzgerald that the legislation was to be reviewed.
Seamus Dooley of the NUJ said all political parties should lend their support to legislative remedies to safeguard press freedom.
“It is clear that the Oireachtas did not fully consider the implications of amending the Communications (Retention of Data) Act 2011 last year,” he said.
“There is a compelling argument for reversing last year’s amendment. This could easily be done with all-party agreement.
“It should be possible to bring forward legislation and have it dealt with by both Houses of the Oireachtas as a matter of urgency.”
Under the legislation, senior officers in GSOC can grant permission to their colleagues to demand from mobile phone service providers the telephone records of people under investigation, witnesses and any other person deemed relevant.
