Oireachtas Joint and Select Committees

Thursday, 30 June 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Communications (Retention of Data) (Amendment) Bill 2022: Discussion

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I have another question for Assistant Commissioner Kelly. Probably one of the ways to deal with this is to look at scenarios. We all remember the Joe O'Reilly case in north County Dublin. His wife was murdered, and CCTV and telecommunications were part of the method that was used at that time to investigate the case. If a similar situation arises after this legislation comes in, a victim is found somewhere and the Garda has identified a potential suspect or perhaps more than one, in that case, can they go to a judge and seek to get telecommunications data to identify the movement of the person using existing technology or does it have to be an issue relating to State security? In such a case, it would clearly not be the latter: it would be a criminal issue. What is the situation, or would the Garda feel they were hampered?

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