Peter Power (Limerick East, Fianna Fail)

Deputy Sherlock wishes to remove ambiguity from the requirement to provide written confirmation of the request, but we respectfully suggest that by substituting the word, "forthwith", for a defined period of two working days in itself introduces ambiguity. Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 provides that where a disclosure request is made orally, it must be confirmed in writing within 24 hours. We have been advised by the Garda Síochána that this can cause problems, especially at weekends and bank holidays when the Garda chief superintendent who approved the oral request might not be available for a few days. For that reason the person who makes the oral request is being given two working days to confirm it in writing.

The significant point is that the request will be confirmed in writing and two working days, the Government submits, is not an unreasonable period. It is the specific time that is clear to all concerned, and as such is unambiguous. The word "forthwith" leaves some uncertainty with regard to what would be an acceptable period of time. If it means immediately, it must be remembered that the reason the request is being made orally is because of the urgency of the situation, such as in a kidnapping where there is simply no time to prepare a written request. The investigating garda might not, because of the urgency and seriousness of the situation, be in a position to put the request in writing to the chief superintendent for some hours. By then the chief superintendent might be off duty.

In the circumstances I am satisfied that a statutory limit of two working days is reasonable and any lesser period - or worse, a reference to an indefinite time period such as "forthwith" - would cause problems. In essence, we are trying to avoid a situation where a defendant in a criminal prosecution would be able to make an argument as regards what "forthwith" actually means in terms of seconds, minutes, hours or days. Given that ambiguity if he or she was to successfully argue that the request was not followed up in writing "forthwith", if that was the wording of the legislation, then it is conceivable that the request might be deemed to be invalid and the information and data supplied on foot of such an invalid request, in the event, could jeopardise the prosecution of a case. Therefore, to remove that type of ambiguity and achieve certainty, where everybody knows where they stand, the Government is of the view that two working days is not an unreasonable period of time.

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