Dáil Éireann Debate, Thursday - 9 May 2024
144. Deputy Catherine Murphy asked the Tánaiste and Minister for Defence in view of the Government’s recent endorsement of the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware, if she will now clarify whether our military intelligence services make use of commercial spyware and, if so, what oversight, transparency and redress processes are in place. [21110/24]
View answerIreland signed up to the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware ahead of the third Summit for Democracy in the Republic of Korea in March.
Upon joining, Ireland issued a national statement (www.gov.ie/en/press-release/485aa-ireland-joins-international-efforts-to-counter-the-proliferation-and-misuse-of-commercial-spyware/), which made clear our commitment to play our role in achieving the objectives of this initiative.
Ireland administers and enforces a range of measures as part of an EU system of controls on the export of sensitive items as well as implementing EU trade related sanctions.
In follow up, we are engaging further with international partners to consider how we can best support effective collective action on these issues. The Government will implement and enforce agreed measures as and when required.
In relation to the Defence Forces' military intelligence function, there are a number of statutory provisions on which they rely for the collection and processing of intelligence, viz.
• Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993;
• Criminal Justice (Surveillance) Act 2009; and
• Communications (Retention of Data) Act 2011.
Oversight of the use of the these statutory provisions by the Defence Forces (and An Garda Síochána) is performed by serving High Court judges appointed under the respective Acts for that purpose. Following his/her appointment, pursuant to the provisions of the Policing, Security and Community Safety Act 2024, the Independent Examiner of Security Legislation will assume the existing oversight roles carried out by the designated judges relating to the operation of the statutory frameworks for data retention, interception of communications and surveillance.
For security and operational reasons, I cannot comment on the specific means by which the Defence Forces collect and process intelligence pursuant to the statutory provisions listed above.
