Charles Flanagan (Laois, Fine Gael) | Oireachtas source

As the Deputy is aware, I have written to the justice committee in these Houses and asked it to undertake pre-legislative scrutiny of the general scheme of the communications (retention of data) Bill. I have also forwarded a copy of the Murray report to the committee and would be happy to engage with it in due course once the legislation completes Second Stage in this House and goes to Committee Stage.

I say for the benefit of the Deputy that Mr. Justice Murray specifically examined safeguards in the accessing of journalist traffic and location data so as to protect, as far as possible, the identity of journalist sources. I know we are running out of time but for the benefit of the Deputy and the record of the House, it is important to say I am of the view that judicial approval is desirable. I am proposing that the system of prior approval by a judge should apply in all cases, not just for journalists but for everybody. Mr. Justice Murray considered that High Court approval would be suitable where journalistic sources were in question and I am proposing that approval by a District Court judge would better facilitate the prior approval for all requests for access to communications data. We need a robust and effective additional safeguards in this area. I will ensure there is proper and adequate balance between having complete regard for the right of citizens and also having regard to the security of the State. I look forward to receiving the contribution of the justice committee and engaging with Deputy Wallace on the matter in the not-too-distant future.

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