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

Mr. Dan Kelleher:

With apologies to the Deputy for repeating my answer from the other day, there is no definition for the security of the State in this Bill. It is a standard drafting and policy approach not to define the security of the State. The long-standing rationale for that is that it is a concept so tied in to the concept of the State and the Constitution that the application of the concept is a matter left to how the courts interpret the phrase. It has always been the policy view that such a definition would not be included in legislation. There are no plans to define the security of the State in the Bill.

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