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

Authorisation of interceptions.

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 designated judge 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.