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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: The witness referred to the EU directive and how the EU recommended that the data be stored in the EU. The Murray report recommends that persons whose rights have been affected by wrongful access to retained data should have an appropriate judicial remedy, which is a principle supported by EU legislation and the European Court of Human Rights. I understand that the general scheme does not...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Is it possible that the Department will take on the recommendations of the Murray report on that issue?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: According to the general scheme a ministerial order would be required to retain the data and then judicial authorisation would be required for it to be released to the relevant statutory body. While the Minister would order the retention of data, judicial authorisation would be required for access to this data. Does the witness think that these steps offer adequate safeguards against the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: On what exact date in April did the Department received the Murray report? Perhaps the witnesses do not know the answer to that question.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: I thank the witness. I sought some information from the telephone operator 3. I spent months trying to find out if anybody had sought access to my mobile phone data, but it was not obliged to tell me. I do not know if the legislation is relevant to this point. Under the new legislation, if a State body accesses a person's mobile data through an operator such as 3, will the individual...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Is it the case that the person will be automatically informed that his or her data had been released?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Might authorities be allowed to hide behind the security interests of the State in order to not tell a person that his or her information had been accessed?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Rather than characterise it as the State hiding behind security interests, can Mr. Woods appreciate that the concept of State security can be so all-embracing that it is ripe for abuse? For example, there is great potential for a person in the Government of the day to take advantage of something potentially being in the interest of the security of the State in order to withhold information.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: I will look into the matter further. I thank Mr. Woods.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: I thank the witnesses very much for their contributions. The more that we hear, the more alarm bells are starting to go off. We have lots of reasons to be concerned. We in Ireland certainly have a lot of work to do in order to try to make this legislation fit for purpose. I have already raised this question with the officials who came before the committee. Do the witnesses think that an...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Do the witnesses think that the number of designated officers in each statutory body should be limited? It is recommended in the Murray report that only a limited number of designated officers in statutory authorities should have authority to request disclosure of retained data, particularly as training in privacy and proportionality should be required in order for someone to act as a...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: Does Mr. McGarr have specific recommendations on how a request for retained data should be made? What formal process should be involved? Should a request be made by way of statutory declaration?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: I put a question to the previous delegation. The Murray report recommends that persons whose rights have been affected by wrongful access to retained data should have an appropriate judicial remedy, which has been backed up by EU legislation and the European Court of Human Rights. The general scheme of the Bill does not provide for this. The Department stated that it was examining this...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: I raised some points with the previous delegation but did not get much satisfaction on the following point: according to the general scheme a ministerial order would be required to retain the data. Then judicial authorisation would be required for it to be released to the relevant statutory body. While the Minister would order the retention of data, judicial authorisation would be required...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Mick Wallace: On the issue of state security, even protests could be deemed a threat to state security at times. When Deputy Clare Daly and I got over a fence in Shannon Airport to search a military plane the authorities probably would have felt we were endangering state security whereas we would have had a very different idea about that. I have never thought about this before but have other states...

Heritage Bill 2016 [Seanad]: Second Stage (Resumed) (9 Nov 2017)

Mick Wallace: I think I have 12 minutes.

Heritage Bill 2016 [Seanad]: Second Stage (Resumed) (9 Nov 2017)

Mick Wallace: I will probably take it all. In many ways it is strange to call this Bill a Heritage Bill. It seems to me to facilitate the eradication and destruction of certain elements of Irish heritage. There are a number of parts to the Bill, including provisions on canals and the burning of vegetation on uncultivated land, as well as changes to the laws protecting National Parks and Wildlife...

Written Answers — Department of Public Expenditure and Reform: Freedom of Information Legislation (9 Nov 2017)

Mick Wallace: 29. To ask the Minister for Public Expenditure and Reform if he has satisfied himself with the current functioning of the freedom of information system under the 2014 Act; his plans to amend section 44 of the Freedom of Information Act 2014 to give power to him to instruct the Information Commissioner to carry out a review of the operations of the Act; and if he will make a statement on the...

Written Answers — Department of Public Expenditure and Reform: Freedom of Information Legislation (9 Nov 2017)

Mick Wallace: 31. To ask the Minister for Public Expenditure and Reform if he has satisfied himself that section 27 of the Freedom of Information Act 2014 is functioning properly; if all agencies that come under freedom of information following the 2014 Act are applying fees and charges in respect of freedom of information requests in an open and transparent manner; if guidelines are issued to the agencies...

Other Questions: Arts Funding (14 Nov 2017)

Mick Wallace: 48. To ask the Minister for Culture, Heritage and the Gaeltacht if she is satisfied that the budget 2018 decision to increase the Arts Council's funding by less than 5% is consistent with the goal to double investment in the arts sector over the next seven years; the way in which she plans to meet this funding goal between 2017 and 2024; and if she will make a statement on the matter. [47762/17]

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