Dáil debates

Wednesday, 24 February 2010

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

 

3:00 am

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

Such an explanation is important.

The Minister of State has given certain assurances regarding the level of oversight and outlined that it will be exercised by the Chief Superintendent and High Court judge. In this regard, will the Minister of State compare the position of High Court judge to the Office of Surveillance Commissioners in Britain? Were the Minister of State to clarify a number of matters related to the role of the High Court judge, it might meet the concern expressed by Deputy Sherlock in his amendment. Will the Government consult the President of the High Court in the selection of a designated judge? The High Court judge should be specifically designated. Prior to the appointment, it should be demonstrated that the judge has a specific interest and training in these matters and knowledge thereof. It is essential that a regular or general High Court judge not be appointed and that the appointee be somebody with specific responsibility, identity, training and resources. If the latter is guaranteed, the legislation will be stronger by dint of everybody knowing the oversight judge is operating on a basis that involves more than just a referral to a High Court judge who may also be engaged in addressing more general, civil or criminal duties. This is important.

Will the judge appointed and designated have his or her own office with personnel? I refer to circumstances in which there would be a designated unit producing the report rather than circumstances in which the report would be issued from the chambers of judges also engaged in general judicial duties. Will there be a specific office with specific civil servants appointed thereto serving the judge, engaging in oversight, producing the report and ensuring a properly functioning system for the reporting judge and Taoiseach?

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