Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

Authorisation of interceptions.

2

2.—(1) The Minister may give an authorisation, but only for the purpose of criminal investigation or in the interests of the security of the State.

(2) (a) Subject to paragraph (b) of this subsection, an authorisation shall be given by warrant under the hand of the Minister.

(b) If the Minister considers that the case is one of exceptional urgency, an authorisation may be given orally (whether by telephone or otherwise) by the Minister and, if it is so given, it shall be confirmed, as soon as may be, by warrant under the hand of the Minister.

(c) The nominated officer shall maintain a record of any authorisations given under paragraph (b).

(3) The Minister shall not give an authorisation unless he considers that the conditions specified in section 4 or 5 of this Act, as may be appropriate, stand fulfilled, and that there has not been a contravention of section 6 of this Act, in relation to the proposed interception.

(4) A warrant under this section—

(a) shall bear the date on which the authorisation to which it relates is given,

(b) shall state—

(i) whether the proposed interception is in relation to postal packets or telecommunications messages or both, and

(ii) that the requirements of this Act in relation to the giving of the authorisation to which the warrant relates have been complied with,

(c) shall specify—

(i) the postal address to which and (unless the Minister considers that to restrict the authorisation to which the warrant relates to a specified person or persons would be prejudicial to the purposes of the proposed interception) the person or persons to whom the proposed interception relates, or

(ii) the telecommunications address to which the proposed interception relates,

or, where appropriate, the matters specified in both subparagraphs (i) and (ii) of this paragraph, and

(d) may require the person to whom it is addressed to disclose the intercepted material to such persons as are specified in the warrant.

(5) Subject to sections 7 and 8 (6) of this Act, an authorisation shall remain in force for such period not exceeding 3 months from the date on which it is given as may be specified in the warrant and shall then cease to have effect unless that period is extended under subsection (6) of this section.

(6) (a) Subject to paragraph (b) of this subsection, the Minister may, from time to time as occasion requires while an authorisation is in force, by warrant under his hand extend the period for which the authorisation is in force for such further period not exceeding 3 months at a time as may be specified in the warrant.

(b) Subsections (2) (b), (3), (4) and (5) of this section shall apply in relation to an extension under this subsection as if it were an authorisation under subsection (1) of this section.

(7) The Minister may consult the F4[Independent Examiner] before deciding whether to give an authorisation, or extend the period for which an authorisation is in force, in any particular case or in a case of any particular class.

Annotations

Amendments:

F4

Substituted (2.04.2025) by Policing, Security and Community Safety Act 2024 (1/2024), s. 274(1)(b), S.I. No. 107 of 2025.

Modifications (not altering text):

C3

Certain functions under section (applications for an authorisation pursuant to s. 6(1)(a)(ii)(II)) transferred and reference to Minister for Communications, Energey and Natural Resources construed as Justice and Equality (17.06.2014) by Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2014 (S.I. No. 280 of 2014), arts. 2, 3, subject to transitional provisions in arts. 4-6.

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Justice and Equality.

(2) References to the Department of Communications, Energy and Natural Resources contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Justice and Equality.

3. (1) The functions vested in the Minister for Communications, Energy and Natural Resources by virtue of the Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2012 ( S.I. No. 76 of 2012 ) are transferred to the Minister for Justice and Equality.

(2) References to the Minister for Communications, Energy and Natural Resources contained in any Act or any instrument made thereunder and relating to any functions transferred by this Article shall, on and from the commencement of this Order, be construed as references to the Minister for Justice and Equality.

The history of the title of Minister of Justice may be traced as follows:

• Title of Minister for Justice altered to Justice, Equality and Law Reform (9.07.1997) by Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997), in effect as per art. 1(2);

• Title of Minister for Justice, Equality and Law Reform altered to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2);

• Title of Minister for Justice and Law Reform altered to Justice and Equality (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2);

• Functions under section transferred and references to Minister for Justice and Equality transferred to Communications, Energy and Natural Resources (13.03.2012) by Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 76 of 2012), in effect as per art. 1(2);

• Functions under section transferred and references to Minister for Communications, Energy and Natural Resources construed as Justice and Equality (17.06.2014) by Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2014 (S.I. No.280 of 2014), arts. 2, 3, subject to transitional provisions in arts. 4-6.

• Title of Minister for Justice and Equality altered to Justice (1.11.2020) by Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2025), in effect as per art. 1(2).

• Title of Minister for Justice altered to Justice, Home Affairs and Migration (5.06.2025) by Justice (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 242 of 2025), in effect as per art. 1(2).