Dáil debates

Tuesday, 5 July 2022

Communications (Retention of Data) (Amendment) Bill 2022: Second Stage

 

6:45 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent) | Oireachtas source

I will not take much time. We read that EU law precludes national legislative measures which provide, as a preventative measure, for the general and indiscriminate retention of traffic and location data relating to electronic communications to combat serious crime. What we are really talking about here is the Graham Dwyer case. He was convicted in this country with all the means, and I believe rightfully, that the Garda used. We must ensure that the Garda will be able to do its job into the future to convict murderers, drug lords and serious villains, and ensure that we assist the Garda in every way we can as legislators.

There is the problem, however, of seeking to retain data from innocent people. I have a serious problem with one matter. People come to me every day who are seeking to renew their driver licence. They are asked for their public services card number. Many elderly people do not have that number. When they go to renew their licence after ten years they might have to travel long distances to Tralee to do so. Then they are asked for their public services card number. I do not see the need for that when the service already has a personal public service, PPS, number and a date of birth and the people were already licensed. I do not know why anyone needs those data. We were told in the Dáil that this was actually illegal, and we had some type of agreement or understanding passed in the House that the card was not necessary for such things. The people who operate this service are in a private company that won a tender from the State. They are operating this service and we do not know what they are doing with those data or why they should have them. They already have a PPS number, the date of birth and the old licence number, so I cannot understand what that is about.

What I want to get across here is that we must do everything we can to ensure that whatever avenues are available to the Garda are utilised to the utmost to ensure the conviction of somebody like Graham Dwyer. We applaud the Garda for bringing him to justice for what he did to a lady who was doing no harm to anybody. At the same time, we must have a distinct difference. I cannot understand why we need to retain data in many other instances involving innocent people. This Bill is being rushed and we need more discussion. I am amazed that many of the Government speaking slots were not taken up in this debate. We appreciate that the Minister is here, but there were other speakers from the Government parties and they have not shown up at all. We need to have a full debate on the totality of this. It is very serious and necessary on one point to deal with the likes of Graham Dwyer, but it must be fair and avoid the unnecessary retention of data concerning innocent people.

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