A bill to amend the constitution over surveillance and phone tapping, will be sent to the plenary of the House of Representatives next Thursday, despite opposition from AKEL, the chairman of the parliamentary legal affairs committee said after an extraordinary session,
Nikos Tornaritis, chairman of the committee and parliamentary spokesman for Democratic Rally (DISY), said the proposal would proceed to the full chamber even though support from at least 38 of the 56 MPs is required for constitutional changes.
The emergency session examined, under a fast-track procedure, government bills amending legislation governing the role of the Cyprus Intelligence Service (KYP) and the conditions under which the confidentiality of private communications may be lifted in investigations linked to terrorism and organised crime.
'Essential' amendment
During the meeting, Tornaritis, Justice Minister Costas Fytiris and Attorney General George Savvides all stressed the need for the legislation to move quickly towards a vote.
Tornaritis said approval of the proposed amendment to Article 17 of the constitution was essential before the two bills on intelligence powers and the lifting of communications secrecy could be adopted.
However, AKEL MPs said they opposed granting the attorney general the authority to approve requests to lift communications privacy.
During the discussion, Panicos Leonidou (DIKO) suggested establishing an independent body that would be responsible for approving such requests instead.
AKEL MPs also asked that the committee follow the full parliamentary procedure for examining the bills, despite their urgent status. The legislation was submitted by the justice ministry on 11 March, just weeks before parliament is expected to suspend its work ahead of the parliamentary elections scheduled for May.
Powerful instrument'
Savvides urged lawmakers to examine the bills “in a positive spirit”, arguing that Cyprus may be the only European Union country without similar legal tools to combat organised crime and protect state security.
He said the current security environment made it even more necessary for authorities to have what he described as a “powerful instrument” at their disposal.
Deputy Attorney General Savvas Angelides said the authorities had also received a note from the European Public Prosecutor’s Office requesting that offences falling under its investigative mandate be included in the legislation, along with provisions for cooperation and information-sharing between national and European prosecutors.
Tackling organised crime
The head of the Cyprus Intelligence Service, Tasos Tzionis, also appealed to MPs to approve the bills without restrictive conditions.
“We must be able to act flexibly, quickly, in a timely and effective manner, while safeguarding confidentiality,” he said.
Justice Minister Fytiris said the proposed laws would provide “extremely strong tools” to tackle organised crime and protect the country’s sovereignty and national security.
He said the constitutional amendment was a crucial first step in updating the legal framework to address modern security challenges, including technological developments and the rise of serious criminal threats such as terrorism.
Monitoring private communications
Under the proposed legislation, the confidentiality of communications could be lifted with written approval from the attorney general when deemed necessary to prevent or address activities threatening the security and sovereignty of the Republic.
The bills also introduce provisions allowing authorities to monitor private communications using modern technological tools and software, regulate cooperation with telecommunications providers, and establish rules governing the manufacture and import of surveillance equipment. Refusal to provide required information would also become a criminal offence.
Fytiris said the legislation would also clarify the mandate of the Cyprus Intelligence Service, defining its role in gathering, analysing and sharing information related to national security, the protection of state institutions and the promotion of national interests.
The agency would be responsible for cases involving threats such as terrorism, espionage, irregular migration and newer risks including hybrid and cyber threats, he added.
Support for the legislation was also expressed by the data protection commissioner and the department of electronic communications within the deputy ministry of innovation.
Human rights provisions removed
Michalis Vorkas, president of the Cyprus Bar Association, said the organisation supported the initiative but noted it had not been invited to take part in earlier consultations and had only received the draft legislation late on Thursday afternoon.
Vorkas also urged lawmakers to consider the case law of the Court of Justice of the European Union regarding approval for surveillance measures, noting that such decisions should be subject to oversight by a court or an independent administrative authority.
AKEL MPs also called for references to respect for fundamental human rights and the constitution - removed from one article of the draft amendments concerning the intelligence service - to be reinstated. They also requested the removal of provisions allowing the export of spyware produced in Cyprus, proposing that such tools be used only by the intelligence service and the police.
Defending Cyprus?
Speaking after the meeting, Tornaritis called on MPs to support the legislation, saying Cyprus currently remained the only EU member state without such powers available to its intelligence or law enforcement authorities.
He added that the bills include safeguards to protect human rights and strict penalties for abuse of power, including prison sentences of up to ten years for illegal phone surveillance.
“The House of Representatives must rise to the circumstances,” he said, urging lawmakers to approve the legislation before the end of the current parliamentary term.
Tornaritis also said he had instructed parliamentary staff to send the constitutional amendment bill to the plenary next Thursday, adding that further discussions between political parties could take place before the vote.
“I hope that in the end we will reach the best possible decision to defend, above all, the Republic of Cyprus,” he said.