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Minister Fitzgerald speaking to the media today

Former Chief Justice John Murray will carry out a review of the law in respect of access to journalists' phone records. 

Justice Minister Frances Fitzgerald announced the independent review today. The Minister said she expects the review to be completed in three months. 

She said: 

A free press plays a pre-eminent role in any democratic society in fostering full, free and informed debate on all issues of public concern. It is, therefore, of fundamental importance in any healthy democracy that journalists should be able to carry out their legitimate work unhindered. 

Concerns have been expressed over recent days about the question of access to the telephone records of journalists in the context of a criminal investigation being carried out by the Garda Síochána Ombudsman Commission.

As Minister, I have no role in the process of requesting or authorising access to telephone records under the legislation nor do I receive information relating to specific requests made in the course of investigations. That would simply not be appropriate in the context of the independent functions of bodies such as GSOC.

The Minister continued: 

Issues of genuine concern have been raised as to the balance in our law between the important freedom of journalists to pursue legitimate matters of public interest and the basic rights of persons not to have their personal information improperly disclosed. While bodies investigating crime need to have the appropriate statutory powers available to them to carry out their duties, we need to examine the balance in respect of entirely legitimate journalistic activity being carried out in the public interest.

This raises complex issues of fundamental importance and the Government has today agreed my proposal to establish an independent review of the law in respect of access to the phone records of journalists. This review will cover all bodies that can have access to records under the Data Retention Act, including GSOC, An Garda Síochána, the Revenue Commissioners and the Defence Forces.

I am pleased that the former Chief Justice, Mr. Justice John Murray, who was also a former member of the European Court of Justice, has agreed to carry out the review and I anticipate that the review will be completed in three months.

While bodies investigating offences need to have the appropriate statutory powers available to them to carry out their duties, we need to examine the balance in respect of entirely legitimate journalistic activity being carried out in the public interest.

For more information read the Minister's full statement here.