The Communications (Interception and Lawful Access) Bill will update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

The bill will provide for the principle that lawful interception powers to address serious crime and security threats apply to all forms of communications, whether encrypted or not.

This is likely to prove the most controversial aspect of the legislation, as civil liberties experts last year expressed scepticism about the technological basis of any new powers covering encrypted communications.

Experts say it would require services like WhatsApp or Signal to weaken or break their encryption for law enforcement access, potentially compromising users’ privacy and security.

The government maintains that “effective lawful interception powers can be accompanied by the necessary privacy, encryption and digital security safeguards”.

The bill will also provide a legal basis for the use of covert surveillance software as an alternative means of lawful interception to gain access to electronic devices and networks.

It also proposes to introduce judicial authorisation of interception requests for the first time.

Justice, home affairs and migration minister Jim O’Callaghan said: “There is an urgent need for a new legal framework for lawful interception which can be used to confront serious crime and security threats.

“My first responsibility as minister for justice, home affairs and migration is to ensure the safety and security of the people and the State.

“I am therefore very pleased that the government has approved my proposals for an updated and comprehensive legal framework for lawful interception, in line with the programme for government.

“These proposals will update and replace the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, which predates the telecoms revolution of the last 20 years.

“The new legislation will also include robust legal safeguards to provide continued assurance that the use of such powers is necessary and proportionate.

“This legislation is long overdue. There have been significant changes in the digital communications landscape in the last two decades that existing legislation does not comprehend.

“In advancing this legislation, I welcome the opportunity to work with the technology sector in Ireland which is a key stakeholder and national asset playing a major part in our economy.”

Officials in the Department of Justice will now work with the Attorney General’s Office, other Departments and State agencies to develop the general scheme of the new legislation.

Mr O’Callaghan concluded: “I have now directed my officials to prepare a general scheme for the Communications (Interception and Lawful Access) Bill which I intend to publish during 2026.

“It is my intention to consult widely with stakeholders as the general scheme is being drafted.”