Oireachtas Joint and Select Committees

Wednesday, 8 December 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Powers) Bill 2021

Ms Clare Daly:

The Chairman is too good. I thank all of the Deputies and Senators for a very informative discussion. In fact, with all of the criticisms, I think we can see the importance of this Bill and its potential problems. Deputy Costello is right in his points about data protection. We only have to look at the Graham Dwyer debacle and where the ignoring of advice around data issues has landed the Irish State, and where it has potentially left victims as well. We need to be very careful on these issues. There is a balance to be struck. If we look at head 12, on the one hand, it allows for the destruction of a record after a search and after a particular time, which could be problematic in the context of transparency and accountability going into the future. At the same time, we have to take into account European and GDPR provisions in terms of people's rights to have data against them not retained. A role for the Data Protection Commission on this is critical.

I agree with all of the Deputies on all of the concerns in regard to legal representation. To have the Garda asking for this clause to be imposed on solicitors because they could be deliberately disruptive is really a stretch. I do not see any merit in it and the point that they are talking over electronic devices does not make sense to me.

A good point was made by Senator Ward on section 8 with regard to the right to meet a solicitor in private. This has been legislated in the European courts and "in private" means out of sight as well, so it is a bit of a stretch to include that.

I thank everybody for their input. We are looking forward to working with them on this in the months ahead.

Comments

No comments

Log in or join to post a public comment.