Spying operations surge by 25% in bid to combat organised crime

The 119 operations include the installation of 26 bugging devices to record conversations, and the deployment of 93 tracking devices to monitor the movements of vehicles or consignments.

Almost 120 covert bugging and tracking operations were conducted in the last year to combat organised crime and subversive activity, figures show.

It marks a 25% increase on the previous year, according to a report by oversight judge, Mr Justice Michael Twomey.

The 119 operations include the installation of 26 bugging devices to record conversations and the deployment of 93 tracking devices to monitor the movements of vehicles or consignments.

The operations cover the year August 2023 to July 2024 and are provided for under the Criminal Justice (Surveillance) Act 2009.

There were 96 covert surveillance operations between August 2022 and July 2023, including 25 bugging investigations and 71 tracking operations.

Under the 2009 act, law enforcement and security services can seek court orders to secretly place audio-visual devices inside vehicles or at places or on objects to monitor conversations.

Agencies can also seek permission to use tracking devices to monitor the movement of vehicles or objects, such as smuggled products.

Gardaí, Defence Forces, and Revenue can also authorise internal use of these devices in emergencies, for a short period of time.

Gardaí and Revenue have the powers for the investigation of serious crime, while Gardaí and the Defence Forces can avail of the provisions for the safeguarding of the State.

Figures from the reports over the years show:

• 26 covert bugging operations in the last year, compared to 25 the previous year, but significantly lower than 2021-2022 (43);
• Gardaí carried out 18 bugging operations in the last year, compared to 13 the previous year and 16 in the year before that;
• Defence Forces conducted five bugging operations (one of them urgent), down from 11 the previous year and 27 the year before that;
• Revenue conducted three bugging operations (two of them urgent), compared to one the year before and none in the previous years;
• Gardaí carried out 66 tracking operations, compared to 58 the year before and 57 the year before that;
• Revenue conducted 27 tracking operations, compared to 13 the year before and 16 the year before that. 

Mr Justice Twomey said: “The Act is used extensively for the purpose of detecting and combating serious criminal activity including organised crime, serious Revenue offences and activities subversive to the State, including terrorist activities and corruption.

“From my meetings with senior personnel in the relevant organisations and having reviewed the documentary material provided to me, I am satisfied that significant intelligence has been gathered by means of the Act which has either prevented serious crime or assisted in bringing successful prosecutions against the perpetrators of crime.

I am also satisfied that without the powers given under the Act, a significant amount of criminal activity could not be detected.” 

He said members of the three agencies undertake covert surveillance work “at considerable personal risk" and added that it was not widely appreciated the “extensive and important role” the army plays in protecting the State against attack.

The role of oversight judges — there is another for phone interceptions and communication data retention — is being taken over by the newly established Independent Examiner on Security Legislation.

Last month, the Government announced that Mr Justice George Birmingham, recently retired as president of the Court of Appeal, was the new Examiner. He starts next month, but there will be a three-month transition period before he assumes the role of the judges.