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
Pa Daly (Kerry, Sinn Fein) | Oireachtas source
I have one or two questions for Mr. Kelleher. I share the concerns about the rushed nature of this. Section 6(1)(a) was struck down and the new proposal is for the amendment of section 6 by introducing a new one. Section 6(1)(a) stated a chief superintendent may require the service provider to disclose user data in relation to what that Act defined as a "serious offence".
This new proposal refers to "A member of the Garda Síochána, not below the rank of Inspector" and relates to a person whom the member suspects of having committed an offence. This type of offence does not seem to be defined in the proposed legislation, however. Perhaps I am reading the general scheme wrong, but I do not see a definition of "an offence". What type of offence would this be? Would it involve a five-year definition as well? Is it proposed that this will be in the eventual Bill? I ask because there is no reference to a serious offence in the context of this proposed change.
My other question is for Assistant Commissioner Kelly, who believes wider consultation is necessary. Who does he think that wider consultation should be with? Can he think of any specific types of cases in this regard? He mentioned tiger kidnappings and child abduction. Is he saying that if this new legislation is not introduced in this expedited manner that the hands of the Garda will be tied in respect of a tiger kidnapping, for example, if that happened between now and October, when the other Bill is due to be proposed?
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