Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The report of Mr. Justice Murray’s review of the law on retention of and access to communications data was received earlier this year. On receipt it was immediately forwarded to the Attorney General for consideration and advice. This was done in the context of the development of proposals to take account of changes in European law in this area.

While the review was initially commissioned to look at issues concerning access by statutory bodies to the communications data of journalists held by communications service providers, Mr. Justice Murray also undertook a very detailed analysis of the law in this area, including recent and significant judgments of the European Court of Justice. I published the report on 3 October and it is available on my Department's website. I thank Mr. Justice Murray for his work on the review which, I would note, he carried out pro bono. His report provides very valuable advice in this complex and dynamic area of law which is rapidly evolving.

As Deputy Wallace will be aware, on 3 October I also published the general scheme of a communications (retention of data) Bill. This proposed legislation responds to the judgment of the European Court of Justice and will update the current law in Ireland. In particular, I am proposing prior judicial authorisation in all cases where certain State agencies seek access to meta data in the context of investigations into serious crimes and safeguarding the security of the State.

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