I have a piece in today's Irish Independent on the revelation that there was widespread recording of calls to and from garda stations over a number of years. Excerpt:
The revelation that telephone calls to and from garda stations have been systematically recorded since the 1980s raises many fundamental issues for the Garda Siochana and for the wider criminal justice system.Full text.
The most grave issue is that each recording likely amounted to a serious criminal offence. Under Irish law, the recording of a telephone conversation on a public network without the consent of at least one party to the call amounts to an "interception", a criminal offence carrying a possible term of imprisonment of up to five years.
Interceptions can only be authorised by a warrant signed by the Minister for Justice, but such warrants are restricted to specific cases involving serious offences and are limited to three-month periods. There is no suggestion that any such warrant was issued in relation to this system, and it is clear that the system as a whole fell well outside the bounds of any possible warrant.
Consequently, unless gardai were notified that their calls might be recorded then a large number of criminal offences are likely to have been committed by and within the Garda Siochana itself.
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