Dáil debates

Wednesday, 24 February 2010

Communications (Retention of Data Bill) 2009: Report Stage (Resumed)

 

3:00 am

Photo of Peter PowerPeter Power (Limerick East, Fianna Fail)

I understand the basis upon which Deputy Sherlock argues his point, but we should remember that a request can only be made by the Garda Síochána at the level of a chief superintendent, a very senior officer. While it is important that we set out robust and strong legislation that is not open to abuse, the fact that a request can only be made in respect of a serious offence set out in the legislation and by a chief superintendent would not, it is hoped, give rise to such abuses as those about which Deputy Sherlock has expressed concern and has questioned. We agree that no one should flout the powers enshrined in the legislation but were the scenario painted by Deputy Sherlock to materialise I refer him to the provision that requests are audited and reviewed by a High Court judge. If, under the relevant section of the legislation, a High Court judge observes that an unreasonable number of requests are made or that a general trawl for information is made, a possibility to which Deputy Sherlock adverted, he reports directly to the Taoiseach. I suggest this is a further level of oversight that, I trust, would assuage the fears of Deputy Sherlock.

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