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)

It is very important that the powers of the High Court judge be set out in legislation. I refer to the powers to investigate any case in which a disclosure request has been made and to access and inspect official documents or records relating to the inquest. More important, the judge shall, or have an obligation to, keep the operation of the provisions of the Act under review, ascertain whether the Garda, the Permanent Defence Force and the Revenue Commissioners are complying with its provisions, and, if necessary, include in the report to the Taoiseach such matters relating to the legislation that the designated judge considers appropriate. I hope this deals with Deputy Sherlock's point.

We entrust certain matters such as these to High Court judges regularly in many different areas of legislation in respect of which independent oversight is required on the part of an experienced, independent and totally impartial person. The legislation provides the High Court judge with the powers and facilities to ensure the legislation is not abused.

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