Oireachtas Joint and Select Committees

Wednesday, 15 November 2017

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed)

9:00 am

Mr. Séamus Dooley:

We absolutely agree with the ICCL point in terms of the overall approach to data retention. If we are to have a scheme and Bill it should at least be consistent with European law and Mr. Justice Murray's findings. It beggars belief that the Government, having commissioned Mr. Justice Murray to complete a report and he having done so, would then set aside his findings. In my previous career I was a District Court reporter for a long time and have dealt with District Court judges all my life. Many of them are very fine men or women who are very good generalists. The problem with a panel of District Court judges is they are not all appointed for their knowledge of the complexities of digital law and data retention and, second, this area evolves on a daily and weekly basis. The technological developments in regard to data retention are extremely complex. It is not possible to appoint a panel of judges and expect them to have the level of expertise required to make judgments in this area or to have sufficient knowledge without adequate resources. That will not happen. The idea of a workshop arranged every now and again by the President of the District Court does not do justice to the complexity of this area.

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