David Norris (Independent) | Oireachtas source

I also wish to commend Uachtaráin na hÉireann on his visit to Britain. I pay particular tribute to Her Majesty, Queen Elizabeth II, with regard to the role she has played in this matter. The Queen has strong Irish roots, being a direct descendant of both Brian Boru and the rebel Earl of Tyrone, Hugh O'Neill. Her mother always personally presented shamrock to the members of the Irish Guards on St. Patrick's Day. Queen Elizabeth II has been the motivating engine behind the current rapprochement since it began during the term of office of former President Mary Robinson. We ought to honour and pay tribute to her, particularly in view of the fact that she lost members of her family to the appalling violence which occurred on this island in the past. For her to invite Martin McGuinness to the state dinner at Windsor Castle shows a remarkable openness on her part. She is a great woman and we should pay tribute to her.

In the context of the commission of investigation, Mr. Justice Nial Fennelly is a most distinguished judge but he will be hampered by the terms of reference that have been announced. I am of the view that those terms of reference should be broadened.

That is not just my opinion but also that of the Irish Council for Civil Liberties. The terms of reference should be broadened to take into account the Cooke review on GSOC bugging and the Guerin review on the whistleblower allegations. Without that, whatever findings the excellent judge comes up with will be incomplete.

I refer to a matter which has troubled me for a long time, namely, the mass collection of electronic data from messages of various kinds, including telephone messages and e-mails. I do not use computers and do not know the exact terms. We are extremely lucky to have voluntary groups like Digital Rights Ireland which took a case in the High Court to protect citizens. Every message sent between citizens, including confidential messages, were recorded and held for two years. It is utterly shocking. A group of concerned citizens took an action in the High Court and asked, due to the ramifications, for the matter to be transferred to the European Court of Justice in Luxembourg. In an historic announcement, the European Court of Justice has published its judgment and found that the EU directive in this regard is completely wrong and must be reversed. The press release states: "[T]he fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance." I agree.

This is happening all over the world. Thank God for people like Edward Snowden. This is the first significant judgment in the aftermath of Snowden's revelations. I pay tribute to him and the other whistleblowers. We in Seanad Éireann should take note of the judgment, particularly those of us who protested when the directive went through.