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Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: An Teachta Browne. Cúig nóiméad.

Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: I will conclude by thanking all Members who contributed to this debate. I welcome the support from a wide range of Deputies. I also acknowledge the contributions of the Minister and the Minister of State, Deputy Stanton. I will reply to some of the Government's criticisms of the legislation. The Acting Chairman also raised one or two points to which, with her permission, I will respond. ...

Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: However, Private Members' Bills are debated on Second Stage and, if they pass that point, their pre-legislative scrutiny is carried out on Committee Stage. There are unusual reasons for the difference between Government and Opposition Bills, but that is the system.

Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: It may be daft, but that is our system. I assure the Minister of State that I recognise that some analysis of this Bill needs to be conducted, and my colleagues on the justice committee and I would be happy to carry out pre-legislative scrutiny in respect of it. I am not seeking to steamroll through our legislation just for the sake of getting it passed. Rather, it is an advancement of...

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

Jim O'Callaghan: I thank the witness very much for attending. Can I clarify how the process applies? Under head 4, a request for subscriber data can be made by a member of An Garda Síochána, the Defence Forces or the other bodies. Is there a formal process under the Act whereby the data holder responds to that request?

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

Jim O'Callaghan: That is set out in head 4. Does the Act deal with the response from the service provider? If a service provider states that the data can be provided, is that dependent on an application being made to court?

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

Jim O'Callaghan: In a way it is a request, but it is more a demand for the information as opposed to a request.

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

Jim O'Callaghan: Throughout the draft heads of the Bill, there are references to persons who are suspected of having been involved in the commission of a serious offence. There is also information in respect of those who are not involved in it, but may have information. The second heading relates to State security and a person who is suspected of posing an existing and serious threat to the security of the...

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

Jim O'Callaghan: To use Mr. Woods' example and a financial institution which is involved, perhaps unwittingly, in providing information or providing a service, I would have thought that would be covered by head 4(1)(a) and (b) where it states "while not directly related to a person who is suspected of being or having been involved in the commission of the offence, are nevertheless likely to assist in the...

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

Jim O'Callaghan: Going back to a point raised by Deputy Chambers earlier, I would have thought that people who are involved in crime journalism would be individuals who come within some of these categories because although they are not involved in the commission of the offence, they may have data which may assist in it. Deputy Chambers was asking whether there should be a new head or a provision within one...

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

Jim O'Callaghan: When the judge is considering the issue, who is advocating on behalf of the doctor and medical confidentiality or the journalist in respect of journalistic privilege? Is there somebody in the court forum who is advocating that or is the judge assumed to take that into account?

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

Jim O'Callaghan: I am thinking of the other type of individual, such as a doctor, and Mr. Woods is right that a doctor could have data that could be relevant to an individual that is involved in the commission of an offence, or a journalist. However, when it comes to the application, it is a matter for the district judge to consider the privilege, if any exists, that applies to those individuals.

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

Jim O'Callaghan: That is a good idea.

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

Jim O'Callaghan: I thank Mr. Woods and Ms Moore.

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

Jim O'Callaghan: Does the Deputy know that is an alarm system?

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

Jim O'Callaghan: I doubt that will happen, regardless of the security of the State.

Equality (Miscellaneous Provisions) Bill 2017: Referral to Select Committee [Private Members] (9 Nov 2017)

Jim O'Callaghan: I move: That the Bill be referred to the Select Committee on Justice and Equality pursuant to Standing Orders 84A(3)(a) and 141.

Garda Síochána (Amendment) Bill 2017: Second Stage [Private Members] (9 Nov 2017)

Jim O'Callaghan: I move: "That the Bill be now read a Second Time." I am sharing time with Deputy Lahart. The last number of years have been very difficult for An Garda Síochána. Part of the reason they have been so difficult is that the force has been exposed to a series of events that have had the effect of damaging public confidence in the force. Before outlining some of those events,...

Garda Síochána (Amendment) Bill 2017: Second Stage [Private Members] (9 Nov 2017)

Jim O'Callaghan: I thank all Deputies who contributed to the debate. It is important that we continue to debate issues concerning An Garda Síochána in the House. Sometimes there is a tendency in Ireland for issues to boil up and then go off the boil, and we move from talking about the Garda to talking about the health services and on to some other topic. It is important that we keep the focus of...

Written Answers — Department of Justice and Equality: Road Safety (9 Nov 2017)

Jim O'Callaghan: 116. To ask the Tánaiste and Minister for Justice and Equality the number of speed cameras operating on average in each county to date in 2017 in tabular form; and if he will make a statement on the matter. [47548/17]

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