Ireland is 'less safe, less free State' as outdated laws expose country to modern terror threats

Ireland's surveillance and security laws have been described as "seriously out of date" in a stark warning from the State's newly appointed Independent Examiner of Security Legislation.

In his fist annual report, Independent Examiner George Birmingham said Ireland's ability to respond to modern threats is being undermined by legislation that predates the digital age.

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The report outlines how the country's security environment has shifted significantly in recent years. While dissident republican activity remains a concern, the threat landscape now includes Islamist extremism, far-right and far-left terrorism, hostile state actors and so-called "lone-wolf" attacks.

At the centre of the concern is the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, which governs how authorities can monito communications.

According to the report, the law is no longer fit for purpose, as it only covers traditional forms of communication such as phone calls and text messages, failing to address modern platforms such as WhatsApp, Telegram and other encrypted services.

The legislation in place still makes references to telegrams, highlighting just how outdated parts of the framework have become.

The growing use of end-to-end encryption presents one of the most significant challenges for law enforcement. While encryption is essential for protecting everyday users and financial transactions, it is also widely used by criminal networks and terrorist groups to conceal their activities.

The report also noted that any attempt to update the law will need to carefully balance the need for security with the protection of civil liberties.

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Several key gaps were identified, including the lack of leading provision for accessing internet-based communications, the absence of rules governing newer surveillance technologies, and limited coverage of delivery services beyond An Post.

The Examiner has recommended a comprehensive overhaul of legislation, including expanding powers to cover digital communications, introducing clearer safeguards around data storage and access, and creating faster procedures for urgent situations.

Despite the concerns, the report found that existing powers are being used cautiously. Oversight visits to An Garda Síochána and the Defense Forces found that applications for surveillance are subject to strict scrutiny, with a notable proportion rejected or sent back for further information.

The office of the Independent Examiner was only established in April 2025 under the Policing, Security and Community Safety-Act 2024, following long-standing recommendations for greater oversight of national security legislation.

Its role is to review whether laws are effective, necessary and proportionate, while ensuring they respect human rights.

Birmingham stressed that maintaining this balance is critical, warning that overly intrusive or outdated laws could ultimately weaken public trust.

Birmingham said, "A failure to have sufficient regard for human rights and civil liberties may mean the legislation is less effective...and may leave Ireland a less safe, less secure and less free State".

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The Government has already signalled plans to replace the 1933 Act, with new legislation expected to address the realities of modern communication and evolving security threats.

The report is likely to add urgency to those reforms as Ireland seeks to modernise its approach to national security in an increasingly digital world.