An oversight judge reviewing phone tapping practices stressed the “imperative” for the Government to urgently clarify the roles and powers of military intelligence in safeguarding national security through updated legislation.
In his 2025 report, Mr. Justice Tony O’Connor highlighted that the Defence Forces recently completed a new, high-security facility for the Irish Military Intelligence Service (IMIS).
The IMIS relocated to this new facility in March, but is still awaiting government action to modernize and legislate its national security mandate.
Mr. O’Connor serves as the designated judge for the Interception of Postal Packets and Telecommunications Messages Act 1993 and the Communications (Retention of Data) Act 2011, as amended in 2022.
In his report to the Taoiseach, covering May 1, 2024, to April 1, 2025, Judge O’Connor reiterated his call for the inclusion of online communication, specifically encrypted services, within the scope of these laws. This encompasses platforms like Gmail, Outlook, Microsoft Teams, FaceTime, Facebook Messenger, and WhatsApp.
The current interception legislation is now 32 years old, and despite repeated promises from successive governments to update the laws, the current administration has indicated a draft bill is expected later this year.
An Garda Síochána (the Irish police force) and the Defence Forces are authorized to conduct interceptions, with the Gardaí focusing on serious crime investigations and state security, while the Defence Forces are restricted to state security matters.
Other agencies, such as Revenue and Fiosrú (formerly Gsoc), possess powers under the 2011 Act related to communication data (excluding content).
The role of designated judges has now transitioned to the new independent examiner of security.
Mr. O’Connor, following the precedent set by previous designated judges, refrains from providing statistical data on the number of phone interceptions, stating he sees “little merit” in doing so.
The High Court judge noted that applications from the Gardaí were “low” and “down in numbers,” and all were approved by the Minister for Justice.
“The number of authorisations granted pursuant to section 4 [serious offence investigations] were not significantly higher than those made under section 5 [security of the State],” he stated.
In his previous report from 2024, he observed that the number of interceptions “relative to the State’s population size appear low”.
He recommended that the new legislation accommodate existing and anticipated developments in communication known to An Garda Síochána.
Mr. Justice O’Connor confirmed the Irish Military Intelligence Service’s move to a “new bespoke secured facility” in March.
“The new facility is a welcome development and affords a modern and professional aspect,” he noted. “The new building is purpose-built to top secret clearances and security specifications.”
The old Irish Military Intelligence Service building, used since the 1980s, was transferred to the new Joint Cyber Defence Command in May.
Judge O’Connor emphasized that military intelligence utilizes the acts solely for matters related to state security and the integrity of its institutions, strictly for intelligence purposes.
The report stated that the use of the 1993 and 2011 acts for military intelligence was “limited” over the past 11 months, but added that the “significance and value of those provisions for the PDF should not be underestimated”.
He expressed his support for the “urgent call” made by the Commission on the Defence Forces in its February 2022 report, advocating for clarification of the role, functions, and powers of military intelligence in new legislation.
“There is an imperative to clarify the role, functions and powers of the IMIS in underpinning legislation,” he concluded.
