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

I move amendment No. 13:

In page 8, after line 25, to insert the following:

“Direction

19. (1) At any time while an authorisation is in force, a member of the Garda Síochána not below the rank of chief superintendent (in this Part referred to as the “member”) may, subject to this section, issue a direction to an undertaking where, and only where, the member is satisfied that-- (a) the serious threat on the basis of which the authorisation was granted, continues to exist, and

(b) any other means of averting that threat that are at the disposal of the Garda Síochána are less likely to result in the serious threat being averted.

(2) (a) Subject to paragraph (b), a direction shall be issued in writing and shall be signed by the member.

(b) Where the member considers that the case is one of exceptional urgency, he or she may issue a direction orally provided that the direction shall be confirmed in writing as soon as practicable.

(3) Subject to subsection (4), a direction--

(a) shall state the name of the undertaking to which it is issued,

(b) shall state the date and time of the giving of the authorisation pursuant to which the direction is being issued and the period during which the authorisation remains in force,

(c) shall direct that the undertaking, subject to section 20(3), cease providing--

(i) all mobile communications services, or

(ii) specific types of mobile communications services,


for such a period, which shall not exceed 6 hours, and in such a geographical area, as may be specified in the direction,

(d) shall direct that the undertaking take all necessary steps to ensure its compliance with paragraph (c), and

(e) may specify such additional requirements relating to the cessation of the mobile communications service which the member considers necessary for the purpose of averting the serious threat concerned.

(4) A direction shall not--

(a) remain in force beyond the period in which the authorisation concerned is in force,

(b) specify a cessation period that is longer than the maximum duration of a cessation period that is specified in the authorisation concerned, or

(c) specify, under subsection (3)(e), a requirement that is otherwise inconsistent with the authorisation concerned.

(5) A member, where he or she considers it necessary for the purpose of averting the serious threat concerned, may vary the geographical area or a requirement referred to in subsection (3)(e), that is specified in a direction, and subsections (2) and (3) shall apply to such a variation as if references in those subsections to a direction were references to the variation concerned.(6) In issuing or varying a direction, the member shall have regard to the need to limit the effect of the cessation, on users and on the availability of the mobile communications service in the geographical area concerned, to that which he or she considers the minimum necessary to avert the serious threat concerned. (7) The Commissioner of the Garda Síochána shall arrange for a record of any direction that is issued under this section to be kept.”.

Amendment No. 13 provides for section 19, which is a core element of Part 3 of the Bill. It contains the power for a member of the Garda Síochána, not below the rank of chief superintendent, to issue a direction to an undertaking to cease providing mobile communications services. Subsection (1) requires a ministerial authorisation to be in force. It also requires the garda to be satisfied that the serious threat on which the authorisation was based continues to exist, and that other means are less likely to avert it. Directions must be issued in writing and signed. There is provision for oral directions in urgent cases, but confirmation in writing is required.

The direction will specify the services to be ceased, the cessation period and the geographical area concerned. The direction may contain additional requirements necessary to averting the serious threat. The cessation period cannot be longer than that set in the Minister's authorisation and, in any case, cannot individually exceed six hours. The terms of a direction, other than the cessation period, can be varied, subject to the requirements in subsections (2) and (3). When issuing or varying a direction, the member of the Garda Síochána must limit the effect of the cessation on the public to the minimum necessary to avert the threat.

Amendment No. 16, which provides for section 22, provides that where the member of the Garda Síochána who issued the direction considers that the direction is no longer necessary, the member must withdraw it without delay and notify the undertaking, which is, obviously, the communications company.

To protect the necessary secrecy of counter-terrorist and security operations, amendment No. 14, which relates to section 20, provides that the likelihood of an imminent authorisation or direction may not be disclosed. In addition, the content or existence of a direction or authorisation may not be disclosed prior to the cessation period and the content may not be disclosed even after that period. This will allow mobile phone companies to explain the cessation of service to customers after the fact, should such explanation be necessary, by referring to the existence of a direction, but without disclosing its content.

Subsection (3) of this proposed section requires undertakings to endeavour to continue to provide emergency service calls. The technology is available, if not yet fully in place, for mobile telephone companies to maintain the availability of 999 services while otherwise effectively shutting down their networks. We will be looking to mobile phone companies to fully live up to their obligations under this subsection. I should also note that landline to landline calls will not be affected by directions and are not encompassed by the terms of the Bill.

Amendment No. 15, which relates to section 21, places similar non-disclosure obligations as apply to undertakings on other persons in regard to the existence and content of authorisations and directions. I commend the amendments to the House.

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