Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993
Applications for authorisations.
6.—(1) An application for an authorisation—
(a) shall be made in writing—
F7[(i) in case the authorisation is for the purpose of criminal investigation, either by—
(I) the Commissioner, or
(II) the F8[Police Ombudsman], and]
(ii) in case the authorisation is in the interests of the security of the State, either by—
(I) the Commissioner, or
(II) the Chief of Staff of the Defence Forces,
and shall be sent or given to such officer (in this Act referred to as “the nominated officer”) of the Minister as may be nominated by the Minister for the purposes of this Act,
(b) shall include sufficient information to enable the Minister to determine whether the conditions specified in section 4 or 5, as the case may be, of this Act stand fulfilled in relation to the proposed interception, and
(c) shall, in the case of an application pursuant to paragraph (a) (ii) (II) of this subsection, be accompanied by a recommendation in writing of the Minister for Defence supporting the application.
(2) The nominated officer shall consider any application under this section and, having made any inquiries he thinks necessary, shall make a submission to the Minister signed by him and stating his opinion as to whether or not the conditions specified in section 4 or 5, as the case may be, of this Act stand fulfilled in relation to the proposed interception and stating, if in his opinion those conditions do not stand so fulfilled, in what respects they do not so stand.
(3) For the purpose of subsection (2) of this section, information which is in the possession of the nominated officer when he receives an application under this section (whether as the result of a previous application for an authorisation or otherwise) or which he receives after that time may be treated as if it had been included in the application.
(4) The duties of the nominated officer under this Act may in his absence be discharged by such officer of the Minister as may be designated by the Minister for the purpose.
Annotations
Amendments:
F7
Substituted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 12(c), S.I. No. 150 of 2015.
F8
Substituted (2.04.2025) by Policing, Security and Community Safety Act 2024 (1/2024), s. 274(1)(d), S.I. No. 107 of 2025.
Modifications (not altering text):
C4
Certain functions under s. 2 (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);
• Certain functions under s. 2 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);
• Certain functions under s. 2 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), in effect as per art. 1(2).
• 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).