Results 8,821-8,840 of 16,457 for speaker:Helen McEntee

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: It would have to be decided by a judge in order to be able to retain those particular data, namely, the Schedule 2 data. A judge would have to decide on that.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: It will. I stress that what we have proposed here in terms of this emergency legislation reduces the amount of data that can be retained and puts additional safeguards in place that do not exist in the principal Act. There are more safeguards here. Specifically, when it comes to a threat or security, the type of data that now we are able to retain is still on a very restricted basis with...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: Let me get into some of the detail. First, on amendment No. 4, the recent ruling and the 2020 ruling essentially state user data were not classified as serious in that they do not show the traffic or location details. Retention and access to these data can be justified by the objective of dealing with criminal offences in general. There is no requirement for a specific time-limited...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: Yes. It is in relation to time and not the actual data or case. It is the time itself overall for the data. The provision will apply to all general data irrespective of whether they are for a specific case or reason. It is the timeline we are referring to here.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: It depends on which the Senator is referring to. The general data are not viewed as impeding on somebody’s rights in the same way as Schedule 2 data. When talking about what is strictly necessary, we are referring to the time limit, not the potential crime or the reason for it.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: It does, but it does not give where a person is at a particular time or where he or she might have been. As with a given name and address, it does not necessarily tell anything more than one’s IP address. It is no different from having knowledge of a person’s name. In the case that brought a lot of this about, it was the location data that made the significant difference. We...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: One still has to set out the reason-----

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: -----one was looking for it. It is there, but one cannot just access it for no reason. The 12 months is because it is not seen as being as significant as accessing someone’s location.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: The court said that it does not feel this infringes in the same way so it included all user data, which includes what the Senator outlined, as not being as significant in terms of impeding. All of this is about whether retaining this type of data, Schedule 2 data or Internet data would create a greater impediment on someone’s privacy or right to privacy. However, the court ruled both...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: It is a similar argument to the previous one. It is a question of what the court has ruled and what categories it has deemed general data to fall under. Specifically, the court concluded that the interference entailed by the retention of user data cannot be classified as "serious". That is what it set out in the ruling. It went on to state that legislative measures concerning the...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: For general data, it can be just a criminal offence. It does not have to be a serious offence. That is on the basis that the court has ruled that, for the purposes of the detection, prevention or prosecution of crime, general data is not seen in the same way as Schedule 2 data, which is a person's location information. The latter is seen as impinging much more on a person's right to...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: At present, a member of the Garda Síochána, the Revenue Commissioners or others can access this data without going through much of this process. We are reducing the amount of data that will be available in the longer term. It is about how it can be accessed. We have included an additional safeguard by inserting the words "reasonable grounds". It will be necessary to make a case....

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: There is no court hearing required in this instance. The court, in its ruling, did not ask for such a provision because it did not deem general data as being as serious as location data and the other information it specifically singled out. I should not get into it but, obviously, all present area aware that can have a greater impact in terms of cases. The court has deemed that more...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: In response to one of the Senator's last comments, I wish to say that this is an emergency Bill and we are addressing the courts. That is specifically what we are doing in the provision. Everybody has expressed a view on the really short time that it has taken us to bring this legislation to the committee and bring it to Cabinet. Everything has been done at a much faster pace than I would...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: In one sense what we are proposing here, to comply with the European Court of Justice ruling, is tying members of the Garda's hands behind their backs because it limits what they can do. It limits their access in respect of national security grounds and the time for which the data can be kept. It absolutely limits what they can do when it comes to fighting crime, including serious crime....

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: I understand the concerns in the amendment. We have to be very sensitive to anything relating to data that journalists have collected. The Murray report published in 2017 made a number of recommendations on data retention issues specifically relating to journalists. There are two elements. One of these is what is being maintained from what was in the principal Act. The intention is to...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Helen McEntee: The definition of "journalist" is something we will look at. It is a recommendation in the Murray report. The general scheme will be introduced by the end of this year. There will not be any time limits put on how we will debate it. I regret the timeline in which this Bill has been brought forward. It is based on the timeline of the 2020 ruling, the April ruling and getting clarity that...

Seanad: Night-time Economy: Motion (13 Jul 2022)

Helen McEntee: I will start by apologising. When I was walking out, somebody said to me that I was "saved by the bell", but anyone who knows me knows this is a topic I really want to talk about and respond to. In fact, I am really pleased that the last debate to which I will contribute in this term is on the night-time economy. I thank Senator Warfield for putting forward this motion, especially given...

Seanad: Night-time Economy: Motion (13 Jul 2022)

Helen McEntee: As I am only one Minister, I cannot commit to all of the others, but I think we agree on everything.

Written Answers — Department of Justice and Equality: Naturalisation Applications (13 Jul 2022)

Helen McEntee: The application for naturalisation from the person referred to by the Deputy, continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights...