James Browne (Wexford, Fianna Fail) | Oireachtas source

The deletion of section 40 by amendment No. 64 arose on foot of concerns that were voiced to my Department about the scope of the power created by this section where there is no judicial authorisation or approval process set out in legislation. The intention behind section 40 was to provide for those limited circumstances where a person refuses to provide An Garda Síochána with CCTV footage of a crime. The Department has, however, listened to the concerns raised and proposes to remove this section. After requesting and receiving further legal advice, An Garda Síochána has other ways in which it can obtain data from unco-operative third parties.

While amendments Nos. 1, 65 and 70 are consequential to the removal of section 40, amendment No. 65 removes section 41(3), the offence provision for section 40. In addition, amendment No. 70 removes the reference tosubsection (3)in section 43(6). Amendment No. 1 changes the Long Title of the Bill to reflect the removal of section 40.

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