Thursday, 20 January 2011
Communications (Retention of Data) Bill 2009: Committee and Remaining Stages
Feargal Quinn (Independent)
I move amendment No. 9:
In page 8, lines 2 to 8, to delete subsection (1) and substitute the following:
"10.—(1) A contravention of section 6 in relation to a disclosure request shall make that disclosure request invalid. Any such contravention shall be subject to investigation in accordance with the subsequent provisions of this section and nothing in this subsection shall affect a cause of action for the infringement of a constitutional right.".
If we go to the trouble of including certain rules in section 6 for disclosure of a request, a contravention of one of those rules should make the request invalid. We have left all the other protections on that basis. The Bill states that a contravention shall not of itself render that disclosure invalid but we think it should. It would be better law to do so instead of following the Bill as it is currently worded.