Monday 27 March 2017

Recording may well amount to criminal offence

TJ McIntyre

The revelation that telephone calls to and from garda stations have been systematically recorded since the 1980s raises many fundamental issues for the Garda Siochana and for the wider criminal justice system.

The most grave issue is that each recording likely amounted to a serious criminal offence. Under Irish law, the recording of a telephone conversation on a public network without the consent of at least one party to the call amounts to an "interception", a criminal offence carrying a possible term of imprisonment of up to five years.

Interceptions can only be authorised by a warrant signed by the Minister for Justice, but such warrants are restricted to specific cases involving serious offences and are limited to three-month periods. There is no suggestion that any such warrant was issued in relation to this system, and it is clear that the system as a whole fell well outside the bounds of any possible warrant.

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