Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 3, to delete line 8 and substitute the following:"2010, to provide for the cessation of mobile communications services where necessary for the aversion of serious threats, and to provide for related matters.".

This amendment provides for a change to the Long Title of the Bill which arises from the amendments being introduced to the Bill as Part 3. As discussed during the debate on the motion, the purpose of these provisions is to allow for mobile phone services to be shut down in response to a serious threat. Amendment No. 8 provides for a definition section, section 14, for the purposes of Part 3. Key terms are defined and draw, where appropriate, on existing statutory provisions. For example, the definition of "mobile communications service" refers to a publicly available electronic communications service which is defined in the Communications Regulation Act 2002. A key definition is that of "serious threat" which forms the basis for any consideration of the exercise of the powers contained in this part. The powers conferred under it will be available only where a serious threat is imminent.

Amendments Nos. 9 to 12, inclusive, sections 15 to 18, inclusive, deal with the provisions relating to authorisations. Amendment No. 9 which provides for section 15 contains the conditions justifying an authorisation by the Minister. The Minister may only give an authorisation if satisfied that there are serious grounds for believing there is a serious threat that cessation of mobile phone services within a geographical area would assist in averting the threat and having regard to all the circumstances, including the importance of maintaining mobile phone services in the area concerned and the effect on users, the cessation of services is necessary and proportionate.

Amendment No. 10 which provides for section 16 governs the making of an application to the Minister for an authorisation. It must be made in writing by a member of the Garda Síochána not below the rank of assistant commissioner and include sufficient information to enable the Minister to determine whether the conditions for issuing an authorisation are met. The application should be made in writing. However, in cases of exceptional urgency it can be made orally and confirmed later in writing. The Minister shall make inquiries necessary to his or her consideration of the application. Subsection (7) provides for the Minister, for reasons of public safety or security or essential interests of the State, to refuse to disclose various matters relating to an authorisation.

Amendment No. 11 which provides for section 17 sets out the manner in which an authorisation is given and the conditions governing an authorisation. An authorisation must be given in writing. In exceptionally urgent cases it may be given orally, but it must be confirmed in writing. An authorisation may remain in force for 24 hours only. An authorisation will permit a garda of chief superintendent rank or higher to issue directions to undertakings as licensed mobile phone companies.

See this speech in context