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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...

Written Answers — Department of Justice and Equality: Airport Security (13 Jul 2022)

Helen McEntee: As outlined to the Deputy previously, the management of security screening queues through Dublin Airport is an operational matter for the Dublin Airport Authority (DAA). The Airport Police Service (APS), an operational unit of DAA, which is authorised by the Minister of Transport under the Air Navigation Acts, has responsibility for general policing and aviation security duties at the State...

Written Answers — Department of Justice and Equality: Immigration Status (13 Jul 2022)

Helen McEntee: The application from the person referred to by the Deputy was received by the Undocumented Unit of my Department on 16 February 2022 and continues to be processed at this time. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue. In order to be fair to all applicants, applications are processed in order of the date on...

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

Helen McEntee: The person referred to by the Deputy created an online Long Stay visa application on 2 April 2022. The supporting documentation was received on 18 April 2022 in the Karachi visa office. This visa application was received in the Dublin Visa Office for further processing on 20 May 2022. I am advised that a decision on this application has now been made and the person referred to will be...

Written Answers — Department of Justice and Equality: An Garda Síochána (13 Jul 2022)

Helen McEntee: As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the general management and administration of the Garda organisation. This includes the deployment of Garda members throughout the State. As Minister, I have no direct role in these matters. I am however assured that Garda management keeps the...

Written Answers — Department of Justice and Equality: Departmental Staff (13 Jul 2022)

Helen McEntee: I wish to advise the Deputy that following the application of the 1 July 2022 FEMPI pay restoration for certain civil service grades, the salary of the Secretary General of my Department will be €223,529. The pay scales for the Assistant Secretaries in my Department, effective from 1 February 2022, are set out in Circular 4-2022, a copy of which is available on the Gov.ie website at...

Written Answers — Department of Justice and Equality: Prison Service (13 Jul 2022)

Helen McEntee: I wish to advise the Deputy that merit awards in the Irish Prison Service recognise acts of bravery, outstanding heroism which are considered to be beyond the normal expectation of staff, taking their experience and training into account. Under the Merit Award Scheme, a member of staff can be nominated for a Brian Stack Medal for Bravery, a Distinguished Services Medal or a Commendation...

Written Answers — Department of Justice and Equality: Departmental Staff (13 Jul 2022)

Helen McEntee: As the Deputy is aware, the Public Appointments Service (PAS), as the centralised provider of recruitment and selection services for the civil service, manage a majority of recruitment competitions pertaining to vacancies in my Department or in bodies under the aegis of my Department. I am aware that PAS have an Equality, Diversity and Inclusion Strategy 2021-2023, which is available on...

Written Answers — Department of Justice and Equality: Legal Aid (13 Jul 2022)

Helen McEntee: As the Deputy will be aware, the Criminal Legal Aid Scheme is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under...

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