Thursday, 20 January 2011
Communications (Retention of Data) Bill 2009: Committee and Remaining Stages
Ivana Bacik (Independent)
I move amendment No. 11:
In page 9, between lines 23 and 24, to insert the following subsection:
"(2) Where the designated judge finds that an officer or member of the Garda Síochána, Permanent Defence Forces or the Revenue Commissioners has engaged in a breach of this Act, he or she shall refer the individual concerned to the Commissioner, the Minister for Defence or the Chairperson of the Revenue Commissioners as the case may be for the purpose of having disciplinary proceedings instituted.".
We tabled this amendment to ensure there are sufficient safeguards against abuse of powers in recognition of the extensive powers provided for in the Bill in terms of accessing data relating to other persons. We have suggested there might be a sanction for a garda or member of the Defence Forces or Revenue Commissioners if he sought disclosure through an abuse of process. That is all the amendment seeks to do, to provide a potential sanction for breach of the Act, like the earlier amendment that sought to ensure the legislation is complied with and its provisions are meaningful and effective.