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

Lynn Ruane: For example, in relation to IP addresses or anything that one associates with one’s phone, etc., the idea is that it is given voluntarily to phone companies rather than State bodies such as Revenue or the Garda. Even though it is voluntarily given, where it is voluntarily given is differentiated a little in terms of it just being general user data that the Garda or Revenue would have...

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

Lynn Ruane: I move amendment No. 8: In page 8, line 7, to delete “an” and substitute “a serious”. Amendments Nos. 8 and 11 seek to clarify that data retention powers should only be exercised in respect of serious offences or serious revenue offences. It is important we do not see situations where data privacy rights are being trampled over to tackle minor offences. Once...

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

Lynn Ruane: I apologise. We got the groupings quite late and we pre-empted them.

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

Lynn Ruane: We have pre-empted fake groupings here. I will leave it at that, because the rest of what I have to say applies to the next grouping.

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

Lynn Ruane: I might be missing something elsewhere in the legislation, but section 5 states: A member of the Garda Síochána not below the rank of superintendent may require a service provider to disclose to that member user data in the possession or control of the service provider— (a) where the member believes that the data relate to a person whom the member suspects, on reasonable...

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

Lynn Ruane: It may be down to how I am interpreting it, but I am concerned that there is an element of pre-emption in the powers being granted under the Bill, even in the case of minor offences. The section refers to suspicion. It is not even a court order. It seems pre-emptive and that it could be used in respect of minor offences. My fear is that it dips over into the idea of powers of surveillance...

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

Lynn Ruane: It does not have to go before a court, however. Basically, a superintendent can make the decision. There is no court hearing. A superintendent can decide to give access to the data, potentially with reasonable grounds and evidence, but there is no court involved. A superintendent can make that decision.

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

Lynn Ruane: I know Senator Higgins is waiting to come in, but it is easier to stay on this thread and jump back to her. I understand the point in respect of Schedule 2 data and the seriousness of the threat in terms of a threat to security or the State and all those things. Obviously, that needs to go before a court as that is where the bar needs to be set in that regard. It seems less harmful when we...

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

Lynn Ruane: I move amendment No. 9: In page 8, line 13, to delete “preventing,”. Similar content has been covered in the last group of amendment but I will repeat for clarity. Amendments Nos. 9, 10, 12, and 13 would again limit the scope of Garda and Revenue officer powers in respect of “user data”. The Bill currently states that “user data” can be retained...

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

Lynn Ruane: I second the amendment.

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

Lynn Ruane: I second the amendment.

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

Lynn Ruane: I move amendment No. 14: In page 37, between lines 5 and 6, to insert the following: “Protection of journalistic sources 7E.(1) Sections 6B, 6D, 6E, 7B, and 7D shall not apply in the case of data belonging to a journalist, and no powers may be exercised in respect of the retention, preservation or disclosure of data of a journalist as a matter of urgency, without relevant...

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

Lynn Ruane: We are on Committee Stage. I do not think we need a seconder, just for efficiency and time.

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

Lynn Ruane: Amendment No. 14 seeks to insert a new section into the Bill which would provide additional protection in respect of data journalists. It would provide for the non-application of certain sections of the Bill in respect of journalists' data, specifically the sections which provide for the use of emergency powers in respect of data retention. Certain sections of the Bill, for example, the...

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

Lynn Ruane: I thank Senator Ward and the Minister. They have made a valid point on how to define the online space. This is where it stings us as Opposition Senators that we are doing all Stages together. We recognise there is an issue and if there was time in between the Stages we would have been able to work together to ensure that perhaps we could look at and sensitively handle what the definition...

Seanad: Child Care (Amendment) Bill 2022: Second Stage (14 Jul 2022)

Lynn Ruane: I welcome the Minister. I welcome the legislation and the support and consistency it provides for children and families in regard to GALs. I want to put on the record my eagerness to see the results of the full review of the Child Care Act as a whole. There are some parts of it that I would be eager to see advanced in respect of independent advocacy, beyond what is accounted for within...

Seanad: Child Care (Amendment) Bill 2022: Committee and Remaining Stages (14 Jul 2022)

Lynn Ruane: It is an important distinction.

Joint Oireachtas Committee on Justice, Defence and Equality: Sanctions for the Possession of Certain Amounts of Drugs for Personal Use: Discussion (12 Jul 2022)

Lynn Ruane: I thank the witnesses for their contributions. Although I agree with most of them, we are definitely on different sides of the debate and have been for a long time. I want to recognise their contributions. They are in a minority today. I will try to be kind. I do not misunderstand, in any shape or form, the Portuguese model or many other models. However, I have concerns about some of...

Joint Oireachtas Committee on Justice, Defence and Equality: Sanctions for the Possession of Certain Amounts of Drugs for Personal Use: Discussion (12 Jul 2022)

Lynn Ruane: Brilliant. I would like to clarify Professor Smyth's statement in his contribution that "drug use is still prohibited in Portugal". I can be corrected on my understanding here. Maybe Professor Smyth is right. Drugs possession is not prohibited. The substance is prohibited. Is that not the differentiation between the two? The substance is prohibited and is still illegal, but the...

Joint Oireachtas Committee on Justice, Defence and Equality: Sanctions for the Possession of Certain Amounts of Drugs for Personal Use: Discussion (12 Jul 2022)

Lynn Ruane: Great. Portugal has had its model for 20 years. If that model was to be revisited now, 20 years on, as part of an examination of what Portugal has or has not done or what it could do better, would Dr. Capaz have any updated references to how it would do decriminalisation now? If it was looking at it again, what would it do? Twenty years is a long time for the framework to be in place.

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