Dáil debates

Wednesday, 24 February 2010

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

 

3:00 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)

Do we know who the responsible judge would be in respect of this oversight? How has that system been used? Has the judge used this provision in respect of other legislation? My understanding is that provision is also relates to the interception of postal packets and telecommunications messages and the oversight is pertinent with regard to that legislation. I am given to understand reports are rubber-stamped in respect of how that provision works, without any qualitative analysis of the provision in question. I am unconvinced that the oversight mechanism in this legislation would be used as designated. I suspect that the oversight provision will end up simply being rubber-stamped as per other legislation and that we will not know in real terms whether the legislation will be flouted or abused by certain persons. It is open to abuse regardless of whether one accepts the bona fides of a chief superintendent or any other designated officer. That is the point we want the Minister of State to clarify. I want to ensure disclosure requests are made only where it is technically possible and reasonable and that the oversight mechanism will be subject to proper scrutiny.

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