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)

This goes to the heart of the concerns of the Labour Party, including Deputy Sherlock, regarding whether the legislation will be abused. Sections 11 and 12 deal with the matter. The High Court judge currently dealing with this matter is Judge Iarla O'Neill. Section 11 provides that the President of the High Court shall, in consultation with the Minister, undertake the duties set out in section 12. In other words, one of the most senior judicial officers in the country will, in consultation with the Minister, make the appointment. It is only reasonable to expect that the President would appoint somebody with a special interest or experience in this area. It would not be right for the legislation to set out in detail that a High Court judge ought to have certain qualifications.

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