Michael McDowell (Dublin South East, Progressive Democrats)

What is meant in the Bill is there should be an obligation to keep data which is currently generally kept. This means that a phone company could not simply say it does not keep data at all. In such a situation, all the baddies in the world would use that phone company. If one of the three mobile phone companies decided not to keep any data and it was therefore never possible to establish whether any of their phones had communicated with another, all the baddies would go to that service because the Garda would not be in a position to establish whether a person did or did not contact another person.

Senator Maurice Hayes asked the question. This is access to data which is kept and it is not a case of the Garda deciding it wants Senator Maurice Hayes's data to be retained for a period of time. This provision asks telecommunications companies to keep their electronic data for a period of 36 months.

Senator Tuffy is anxious that the content be excluded in a particular way. What is intended by these amendments is to use the definitions in directive 2002/58/EC of the European Parliament and Council. I will examine the matter before Report Stage to ensure it is clear it does not relate to the content of communications and tighten up the provision if possible.