Kenny open to reform law giving GSOC access to phone records

Taoiseach Enda Kenny said it may be appropriate to change legislation which allows Garda Síochána Ombudsman Commission (GSOC) accessing of journalists' telephone records.

Mr Kenny said “clearly the fundamental principle of journalistic sources being confidential is very important in a democracy”.

The controversy surrounding the accessing of personal data began last week when The Irish Times revealed GSOC had viewed two journalists' phone records without the journalists' knowledge or consent on foot of a complaint about reports on the death of model Katy French (24) in 2007.

Speaking on Monday Mr Kenny said there was a fundamental principle of journalistic sources being confidential and said this was “very important in a democracy”.

Minister for Justice Frances Fitzgerald is expected to bring a report to Cabinet on Tuesday on the accessing of journalists' telephone records by GSOC.

Mr Kenny said Ms Fitzgerald was looking at this issue on “the basis of the protection of the sources of information for journalists in a free world, in a free press”.

“There’s a difference here between this particular kind of incident and one of where national security might arise, so the Minister will respond appropriately and quickly in this regard.

“Fundamentally, I think that where issues like this are concerned that it would be appropriate that the legislation be reformed to reflect that.

“Because whatever else people might argue about, there has always been a consistency about the protection of sources for information for members of the press in a democracy like ours.”

Legal advice

Speaking after the Action Plan for Jobs 2016 launch in Oberstown, Co Kildare, on Monday, Ms Burton said she expected that the Minister for Justice would provide an update to Government on the issue.

“The issue is an important issue. I understand it goes back to events in 2007 and we’ll get a report on it.

“But I think it goes without saying that the protection of journalism sources is of critical and primary importance, and the Government will address that.”

Some of the State’s largest media organisations are taking legal advice on how they can establish whether their journalists’ telephone records have been accessed in the course of investigations by State agencies.

Minister for Public Expenditure and Reform Brendan Howlin on Sunday said stricter rules in Britain should be examined with a view to implementation in the Republic. They involved a judge reviewing every application for accessing journalists' records.

Independent News & Media has already said it believes journalist Conor Feehan, a senior reporter with the Herald, had his phone accessed last year as part of GSOC's inquiry into information allegedly disclosed about the 2007 death of model Katy French (24) and related matters.

Well-placed sources said the group was taking legal advice.

The Sunday Times and RTÉ, among others, are also expected to take action to attempt to establish whether their journalists' phone records have been accessed.

The National Union of Journalists has meanwhile called for all-party support for legislation to amend the law which allows GSOC to secretly access phone records, without judicial oversight.

The NUJ said in a statement it wants the matter dealt with prior to the forthcoming election.

NUJ Irish secretary Séamus Dooley said: “It is clear that the Oireachtas did not fully consider the implications of amending the Communications (Retention of Data) Act 2011 last year. There is a compelling argument for reversing last year’s amendment.

‘Matter of urgency’

“This could easily be done with all-party agreement. It should be possible to bring forward legislation and have it dealt with by both Houses of the Oireachtas as a matter of urgency.

“We welcome the announcement by Ms Fitzgerald of a review but this should not be a protracted exercise. If the current Dáil does not deal with this issue it will be long-fingered and is unlikely to receive legislative priority.”

Mr Dooley added: “Many citizens are disturbed by the discovery that phone records can be scrutinised in this way by GSOC. Judicial oversight should be required before records are scrutinised and the bar should be set high, in order to prevent trawling exercises.”