Ivana Bacik (Independent)

I move amendment No. 8:

In page 7, between lines 20 and 21, to insert the following subsection:

"(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 amendment is designed to highlight the gross disparity between the huge number of requests made in the very small number of prosecutions launched. What we suggested in this amendment is that a report under section 9 would contain details of the prosecutions commenced as a result of investigations to which requests related and that there should be a detailed justification given where there is a significant excess of numbers of requests over numbers of prosecutions.

This is not something we have simply come up with out of the blue. It is referred to in the Data Protection Commissioner's submission on the Bill in November 2009 in which he said that the designated judge should report, inter alia, on the number of times the powers under the Act are used in the offences to which the interceptions and disclosures relate. Therefore, the statistics should be published. He also said it is difficult to see how publication of statistics would compromise any law enforcement activities, rather they would make clear the actual use made of the powers provided. It is really by way of ensuring the Act is not being abused. It does not in any way jeopardise any prosecutions that are launched. It simply giving the Minister information as to the extent to which the powers in the Act are helpful to launching prosecutions. The Minister has said the Act will be kept under review. An important part of any review progress would be to have access to this sort of information.