A former High Court judge tasked with reviewing Ireland’s security laws has identified a number of serious gaps in the powers available to the Garda and other security agencies. In his first annual report the Independent Examiner of Security Legislation, George Birmingham, identified weaknesses in three important pieces of relevant legislation that cover intercepting communications, surveillance and the retention of data.
In each case he has recommended that changes are made to the law as it stands. The most eye catching is the need for a clear legal basis for the interception and accessing of modern digital communications including messages sent on apps such as WhatsApp, Telegram and Snapchat.
The legal ability of security agencies to access encrypted communications and clearer rules around the authorisation of surveillance, particularly in urgent situations, are also recommended.
While the examiner’s recommendations amount to a restriction of civil liberties, he has sought to temper this by calling for decisions authorising intercepts and trackers to be made either by courts or senior Garda independent of the investigation in question. He also recommends that time limits be put on these authorisations.
RM Block
The recommendations are a measured response to the challenges posed by the rapid proliferation of technology tools among the organisations and individuals that are a potential threat to the security of the State. They may face opposition and it is an open question as to whether the Government feels they are worth investing the political capital required to change the legislation.
The inspector appears to be in little doubt that there are significant risks that justify such measures. He singled out, in particular, the vulnerability of the State to “lone wolf” attacks by individuals whether motivated by terrorist ideology or not. Security threats of this nature – that might have seemed far-fetched a few years ago – are now more than plausible. Any changes must be carefully considered by the Oireachtas, but reform does appear to be needed,
