Ireland’s secretive military intelligence service is seeking more surveillance powers to deal with threats to State security, as it undergoes a major internal overhaul.
Developments in the service include a new purpose-built headquarters in Dublin and a new name. Previously known as J2, the unit is now known as the Irish Military Intelligence Service (IMIS).
Most of the operations of IMIS remain shrouded in secrecy, even more so than its Garda counterpart, the Security and Intelligence Service.
Its precise location, strength and identity of its commander, an Army colonel, remain confidential. Even the name remains somewhat mysterious. Recent Defence Forces planning documents still refer to IMIS as J2, despite the rebranding.
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However, the latest report from the judge responsible for monitoring the use of communications surveillance by State agencies provides an unusually detailed, though still limited, insight.
The designated judge, Mr Justice Tony O’Connor, said in March that IMIS moved into a secure facility that has been purpose-built to “top secret clearance and security specifications”.
Sources said the new facility, understood to be in McKee Barracks in Dublin, has been outfitted with advanced security measures required for the processing of intelligence from Nato and EU sources.
The old headquarters, which was also in McKee Barracks, was transferred to the newly established Defence Forces Joint Cyber Defence Command, which moved in on May 6th.
The restructuring coincides with an undertaking in the programme for government to review military intelligence structures “to ensure that our intelligence services are optimised to protect national security”.
The judge’s report is the first publicly available official document to use the service’s new name.
IMIS is tasked with ensuring State security and the security of State agencies, including Defence Forces deployments overseas. It has a fraction of the resources of its Garda counterpart, which has primary responsibility for State security.
Much of the intelligence processed by the service comes from other militaries or intelligence agencies, including the European Union Intelligence and Situation Centre and Nato’s Battlefield Information Collection and Exploitation System.
However, in some cases, it carries out its own wiretaps and other types of communications surveillance.
Information gathered in this way is used for intelligence purposes only and not for bringing prosecutions, Mr Justice O’Connor said. Those under surveillance are never informed of the fact.
These powers are governed by the Interception Of Postal Packets And Telecommunications Messages Act, 1993 which, according to IMIS, “continues to be a valuable and significant source of intelligence”.
IMIS has also been increasingly seeking data under Section 6 of The Communications (Retention Of Data) Act 2011, the judge said. This allows a Defence Forces officer of colonel rank or higher to request customer data retained by a service provider “for the purpose of safeguarding the security of the State”.
However, the current laws do not allow IMIS to intercept communications carried out on internet platforms, such as WhatsApp, Gmail or Facebook messenger.
The Defence Forces has called on the Department of Justice to update the legislation to rectify this, the judge noted. Intelligence officers are also seeking more statutory powers to compel service providers to comply with personnel data requests.
In the absence of such powers, international communications companies may refuse to comply with requests from military intelligence, Mr Justice O’Connor warned.
The current Government has been receptive to these suggestions. Last week, Minister for Justice Jim O’Callaghan announced plans for new surveillance laws to incorporate web-based platforms, including those that use encrypted technology.
In his report, Mr Justice O’Connor also echoes calls made by the 2022 Commission on the Defence Forces to bring in legislation to clarify the “role, function and powers” of military intelligence. He suggested a comparison should take place with other European military intelligence units.
