Helen McEntee (Meath East, Fine Gael) | Oireachtas source

These amendments correct certain drafting and cross-referencing issues in the Communications (Retention of Data) Act 2011 arising from the amending Act in this area, which was passed last year. I draw attention in particular to the amendments to subsections 77(e), (f), (j) and (k) of the Bill relating to applications to a judge. Under the 2011 Act, as amended, applications for data must be approved by a judge. Applications are made on anex partebasis, with the relevant agency present, such as An Garda Síochána. They must also be heard in private. This prevents a risk of any person disposing of evidence or otherwise frustrating any evidence.

There are four other sections of the Act that permit a superior officer to sign off an application for data in urgent cases. This would apply if there were immediate risks of data being destroyed or a risk to life, national security or a criminal investigation. The superior officer must apply to a judge within 72 hours of affirmation of an urgent order. The judge reviews the cases and assesses whether the order should have been made. This safeguard is a requirement of the rulings of the Court of Justice of the European Union. The Act currently provides that an application to a judge for affirmation of an urgent order must be made on an ex partebasis but it does not state that the application must be heard in private. The amendments confirm that these applications must be heard in private. They will prevent any risk to the operation of these sensitive data applications and will ensure there are consistent rules throughout the Act for applications to a judge.

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