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. Liam Herrick:

I will answer that question. As Ms Farries has mentioned, the European Union Agency for Fundamental Rights has done a comprehensive analysis of how the various models used in member states operate. As a practical measure, it is worth reflecting on. Where parliamentary committees have specific competence in relation to matters of national security and surveillance, etc., they typically operate in a manner that is different from other parliamentary committees. Members might be familiar with the operation of security committees in the Westminster Parliament or in the US parliamentary system. Members of those committees are subject to special security clearance standards and special protections. The secrecy and privacy restrictions on the operation of such committees differ from the standard restrictions. If we go down this road, it is likely that the committee will have to operate in a manner that differs from the operation of existing parliamentary committees here. There are plenty of models from other jurisdictions - both common law and civil law countries - where committees of this type have operated. It is now the norm that there should be such a committee, but it might require a different approach here from what we do more generally.

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