James Lawless (Kildare North, Fianna Fail) | Oireachtas source

As one of the witnesses had to leave, we took him first. That was a practical way of doing things. If members wish a particular witness to answer their questions, they should feel free to mention that, but the witnesses should feel free to come in on any question on which they wish to make a point.

My first question is for Assistant Commissioner Kelly. He mentioned in his opening statement a concern I have. From my understanding of the proposed legislation, it includes the 90-day retention window that has been described in some correspondence as a fast freeze. We are aware that in many of the more high-profile investigations, the suspect will not be identified until beyond 90 days, particularly in the case of mobile phone data. I can think of at least two cases - there are probably multiple other such cases that may have received less attention - in which the suspect is not known to the investigating gardaí or anyone else until after 90 days. The data on Mr. X, who may be an innocent bystander, may be frozen on day one. After 90 days expire, that person is exonerated, hopefully, but meanwhile Mr. Y, who was a culpable party and may be the murderer or wrongdoer has effectively escaped scot-free because the 90-day window did not start in time. Is that a concern? Is it an issue with which the Garda will have to grapple?