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Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: Under section 4(1)(d) data retained for the purposes of the Act must be destroyed by the service providers at the end of the two-year and one-year periods for retention of telephony and Internet data, respectively. The one exception is data that have been accessed and preserved. The wording complies fully with Article 17 of the directive. The amendment seeks to add to that data which are...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: Deputy Sherlock wishes to remove ambiguity from the requirement to provide written confirmation of the request, but we respectfully suggest that by substituting the word, "forthwith", for a defined period of two working days in itself introduces ambiguity. Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 provides that where a disclosure request is made orally, it must be...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: I understand where Deputy Sherlock is coming from in this regard. Indeed, the thrust of his amendments are not to put an undue burden on the service providers, who are co-operating with the Government and the various statutory authorities on a voluntary basis, to their credit. Amendment No. 7, however, seeks to replace section 7 with an entirely new section. At present, section 7 obliges...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: I understand the basis upon which Deputy Sherlock argues his point, but we should remember that a request can only be made by the Garda Síochána at the level of a chief superintendent, a very senior officer. While it is important that we set out robust and strong legislation that is not open to abuse, the fact that a request can only be made in respect of a serious offence set out in the...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: This goes to the heart of the concerns of the Labour Party, including Deputy Sherlock, regarding whether the legislation will be abused. Sections 11 and 12 deal with the matter. The High Court judge currently dealing with this matter is Judge Iarla O'Neill. Section 11 provides that the President of the High Court shall, in consultation with the Minister, undertake the duties set out in...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: It is very important that the powers of the High Court judge be set out in legislation. I refer to the powers to investigate any case in which a disclosure request has been made and to access and inspect official documents or records relating to the inquest. More important, the judge shall, or have an obligation to, keep the operation of the provisions of the Act under review, ascertain...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: There are two points involved here. One is the intention to ensure that the legislation is not abused. We would agree with any provision that seeks to prevent that. The second point is the compilation of qualitative information for submission to the European Union for the purpose of reviewing both this legislation and legislation across the European Union. These are two very different...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: Deputy Sherlock is right to try to strike a balance between the rights of the citizen and the rights of an accused person. However, if one were to disclose to an individual who is under investigation by the Garda for a criminal offence that data relating to them has been requested, one would be effectively telling the person that he or she is under investigation. That would inevitably...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: This is an amendment which the Government thought, on an initial reading, it could accept or table an agreed amendment which would make the same point as Deputy Sherlock seeks to make. Having given the matter serious and detailed consideration, the Government has decided that not only would it not improve the Bill but it could, unfortunately, give rise to unintended consequences, which I...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: Before Committee Stage the Minister consulted with the Parliamentary Counsel and the Office of the Attorney General about a similar amendment which, on the face of it, appeared to raise a valid point. The proper citation for the Prevention of Corruption Acts is the Prevention of Corruption Acts 1889-2005. However, the reference to section 1 of the Act changes everything. It is not the...

Communications (Retention of Data Bill) 2009: Report Stage (Resumed) (24 Feb 2010)

Peter Power: Now.

Written Answers — Election Monitoring: Election Monitoring (23 Mar 2010)

Peter Power: International election monitoring missions have an important role to play in the promotion of human rights and democracy. We therefore aim to ensure that, when requested, Ireland is appropriately represented in international observation missions for elections and constitutional referendums. Over the past six years, Ireland has been represented in 90 election observation missions worldwide....

Written Answers — Overseas Development Aid: Overseas Development Aid (23 Mar 2010)

Peter Power: The overarching goal of the Government's aid programme, administered by Irish Aid, is the reduction and eventual eradication of global poverty and hunger. Our partnership with development Non-Governmental Organisations represents a very important element in this effort. Irish Aid provides support directly to NGOs through a number of funding mechanisms. The fund-raising appeal referred to by...

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: What would Fine Gael do?

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: What would be done with Anglo Irish Bank?

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: What would Fine Gael do with Anglo Irish Bank?

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: I am listening.

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: We are listening to them on the floor of our Parliament.

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: Not because of that.

Seanad: Finance Bill 2010 (Certified Money Bill): Second Stage. (24 Mar 2010)

Peter Power: It is not right.

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