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

Provisions in relation to certain proceedings and evidence.

10.—(1) (a) Subject to paragraph (b) of this subsection, where a person is charged with an offence under section 45 of the Telegraph Act, 1863, the second paragraph of section 11 of the Post Office (Protection) Act, 1884 , or section 84 or 98 of the Act of 1983, or an ancillary offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(b) Paragraph (a) of this subsection does not apply to proceedings brought by the Minister for Transport, Energy and Communications, An Post or Bord Telecom Éireann.

(2) (a) This subsection applies to any action brought in respect of an alleged act or omission that constitutes, or would, but for section 84 (2) or 98 (2) of the Act of 1983, constitute, an offence referred to in subsection (1) of this section.

(b) In an action to which this subsection applies any question whether an act or omission referred to in paragraph (a) of this subsection was done or made shall be determined before the determination of any question whether an authorisation was given; and, accordingly, in any such action, unless and until it is determined that the said act or omission was done or made, no person to whom this paragraph applies shall give any evidence, or be asked any question, and nothing shall be made the subject of discovery, or be disclosed, produced or alleged by or on behalf of the defendant, that would show or tend to show—

(i) that an authorisation was or was not given, or

(ii) that an application for an authorisation was or was not made or that proposals for or steps towards the making of such an application were or were not made or taken.

(c) If it is determined, in accordance with paragraph (b) of this subsection, that the act or omission in question was done or made, the court shall, on the application of any party to the proceedings, and on such terms as the court may determine, allow any amendment to any pleading that may be necessary for the determination of the question whether an authorisation was given.

(d) Paragraph (b) of this subsection applies to—

(i) any member of the Civil Service (within the meaning of the Civil Service Commissioners Act, 1956 ), the Defence Forces or the Garda Síochána,

(ii) any person in the employment of An Post or Bord Telecom Éireann, or

(iii) any other person on whom a function is conferred by this Act.

(e) This subsection shall not apply if a person has been convicted of an offence referred to in subsection (1) of this section in respect of the act or omission in question.

(3) Subject to subsection (4) of this section, a person shall not be compellable in any proceedings, other than proceedings for an offence referred to in subsection (1) of this section, or a related or ancillary offence, to make discovery of any document, to produce or disclose any document or thing, or to give evidence or information, to a court or tribunal or to any person (other than the designated judge or the Complaints Referee) that shows or tends to show any of the matters specified in subparagraphs (i) and (ii) of subsection (2) (b) of this section.

(4) Where a person is convicted of an offence referred to in subsection (1) of this section or a related or ancillary offence—

(a) evidence of the conviction shall be admissible in any proceedings for the purpose of proving, where to do so is relevant to any issue in those proceedings, that he committed that offence, and

(b) subsection (3) of this section shall not apply in relation to evidence of the conviction.

(5) (a) A certificate signed by a person authorised for the purpose by the Minister and stating any of the matters specified in subparagraphs (i) and (ii) of subsection (2) (b) of this section shall be admissible, as evidence of the facts stated in the certificate, in any legal proceedings in which evidence of those facts is admissible.

(b) A document purporting to be a certificate under this subsection of a person authorised as aforesaid and to be signed by him shall be deemed, for the purpose of this subsection, to be such a certificate and to be so signed, unless the contrary is shown.