Communities defending themselves are apparently acting "contrary to the public interest" in the paranoid world of Michael McDowell.
For all their imperfections, the measures put in place by the Isle of Man government to control the interception of communications are considerably better than those in place in our near neighbour Ireland.
Phone tapping in the Isle of Man (and indeed in the UK), are subject to the scrutiny of an independent oversight body which at least performs its functions openly.
Ireland on the other hand is secretive, almost the extent of paranoia, about the shadowy surveillance and phone tapping indulged in by its police agencies.
In the Dail recently Ireland's Justice Minister, Michael McDowell, refused to reveal the number of phones taps he has authorised during his time in office.
Responding to a Dail question, Mr. McDowell fell back on the usual defence of State agencies which have been up to no good, declaring that it would be contrary to the public interest to reveal how many phone taps had been approved by his department, or what categories of people were being targeted.
However, one TD was having none of it saying:
"Wouldn't it be a surprise, or maybe not such a surprise, if it included journalists or politicians, a number of subversives or illegal immigrants? We're not a police state. We should have more information."
Whilst there are some checks, these are cosmetic rather than of substance and are worthless if people do not have a body to complain to if they believe their phones are tapped.
Ireland's failure to have regulatory frameworks undermines the necessary balance between national security and protecting individual rights.
Given the State's recent history of serious organised crime and internal security problems, it might be advanced that civil liberties arguments used to achieve more positive regulation elsewhere are not valid.
However, such arguments are fatuous. One must pose the question: Is there not something fundamentally flawed with a Justice system that shows such disregard for individual rights?
Just how dangerous this lack of regulation is has become apparent recently. The latest supposed 'subversive elements' who believe they are being targeted by the Irish State are those associated with the 'Shell to Sea' protests in Mayo.
Some of the country folk and farmers involved in the campaign to defend their community, together with the politicians who assist them, believe that they are the subject of clandestine State surveillance, including phone tapping. They will not get any straight answers to their queries from the Minister. Communities defending themselves are apparently acting "contrary to the public interest" in the paranoid world of Michael McDowell.
J B Moffatt Director of Information Celtic League
28/03/07
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