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Written Answers — Emigrant Support Services: Emigrant Support Services (24 Feb 2010)

Seán Sherlock: Question 151: To ask the Minister for Foreign Affairs if he will engage in discussions on the plight of Irish immigrants of long-standing residency in the United States; and if he will make a statement on the matter. [9434/10]

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

Seán Sherlock: I move amendment No. 6: In page 7, between lines 20 and 21, to insert the following: "(5) A report under this section shall contain details of the numbers of prosecutions actually commenced as a result of investigations to which requests related, and a detailed justification for any significant excess of numbers of requests over numbers of prosecutions actually commenced.". This is another...

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

Seán Sherlock: The Minister of State offered the example of a Mr. Ryan, so I will continue to use that example. He also referred to the requirements of the directive and the terms under which data must be submitted to the Commission. I accept that point. However, if we are discussing the rights of this Mr. Ryan in respect of whom disclosure is requested, under the Bill Mr. Ryan can only find out if a...

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

Seán Sherlock: Perhaps the Minister of State could clarify and acknowledge whether the Bill states an individual can already find out if data relating to him or her has been accessed on foot of a disclosure request. That provision is already open to the person. Amendment No. 6 includes the statement: "A report under this section shall contain details of the numbers of prosecutions actually commenced as a...

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

Seán Sherlock: I do not; I will press it.

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

Seán Sherlock: I move amendment No. 7: In page 8, line 25, after "fit," to insert the following: "and with due regard to the rights of any person whose life, bodily integrity or property was sought to be vindicated in the criminal investigation concerned,". The purpose of this amendment is to ensure that some balance is brought into the question of how to deal with a minor breach of section 6. If there is...

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

Seán Sherlock: I do not wish to justify it. I withdraw the amendment.

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

Seán Sherlock: I move amendment No. 8: In page 10, line 11, to delete "Acts 1889 to 1995" and substitute "Act 1889". This is a technical amendment. Others more learned than I advised that it be made. We tabled a similar amendment on Committee Stage which the Minister rejected. On reflection, the Minister's reply to our amendment highlighted a further problem, namely, that there is a contradiction between...

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

Seán Sherlock: I withdraw the amendment on that basis.

Overseas Missions. (24 Feb 2010)

Seán Sherlock: Question 92: To ask the Minister for Defence if the Irish contingent on peacekeeping duties in Chad will be maintained at its present strength throughout 2010; and if he will make a statement on the matter. [9189/10]

Defence Forces Training. (24 Feb 2010)

Seán Sherlock: Question 69: To ask the Minister for Defence if the report of the court of inquiry into the accident at Kilworth Camp, County Cork in June 2009 (details supplied) has been forwarded by the commanding officer of the Southern Brigade to the deputy chief of staff, support; and if he will make a statement on the matter. [9188/10]

Defence Forces Strength. (24 Feb 2010)

Seán Sherlock: I am aware of one Defence Forces member who missed his opportunity for promotion because his final medical examination could not take place for reasons beyond his control. The former Minister for Defence was well aware of the case. Given the Minister of State's response, perhaps the case could be re-examined.

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

Seán Sherlock: Article 6 of the directive allows for telephone and Internet data to be retained for a minimum of six months and a maximum of two years. We all accept the principle of the retention of data and each state is at liberty to choose where on that scale it pitches its obligatory data retention provision. The norm is as per the Labour Party position set down in these amendments. There is no...

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

Seán Sherlock: Yes. I move amendment No. 2: In page 5, line 3, to delete "one year" and substitute "6 months".

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

Seán Sherlock: I move amendment No. 3: In page 5, line 43, before ", shall" to insert the following: "or that are the subject of a request under section 6". This amendment seeks to ensure that when a request is made it is dealt with immediately, which would strengthen the provisions of section 6.

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

Seán Sherlock: There is no need for me to elaborate further, and I intend to press the amendment.

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

Seán Sherlock: I move amendment No. 4: In page 6, lines 41 and 42, to delete "within 2 working days of the request being made" and substitute "forthwith". Again, this is rather a technical amendment. I am seeking to ensure that there is a more immediate confirmation of an oral request. When oral requests are made they should be done expeditiously and properly and, if this law is to be passed and...

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

Seán Sherlock: I accept the Minister of State's response.

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

Seán Sherlock: I move amendment No. 5: In page 6, to delete lines 43 and 44 and substitute the following: 7.—A provider shall comply with a disclosure request made to the service provider only where it is technically possible and reasonable in scope in that the request is not so wide as to place an undue cost on the service provider.". There are suggestions that the telecommunications industry, through...

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

Seán Sherlock: To my mind, the memorandum of understanding referred to by the Minister of State on Committee Stage is not on a statutory footing. Section 7 states that service providers shall comply with a disclosure request made to them. It is important the views of the telcos and the ISPs, Internet service providers, are acknowledged. One of the parties to the memorandum of understanding is the ISPAI,...

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