Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 16:

In page 28, between lines 12 and 13, to insert the following:“38.(1) No application to access data processed for journalistic purposes may be made by any party, including, for the avoidance of doubt, an authorised officer, An Garda Síochána, the Garda Síochána Ombudsman Commissioner, the Revenue Commissioners or the Defence Forces, except by way of application to the High Court by motion and affidavit and on notice to the journalist data processor.

(2) In determining whether to allow access to data processed for journalistic purposes, the High Court shall have regard to the importance of freedom of expression in a democratic society and to the importance of confidential sources of information to the right of freedom expression.

(3) The High Court may permit access to data processed for journalistic purposes, including for the purpose of identifying confidential sources of information, only where the journalist processor whose data is sought is the subject of investigation for suspected commission of a serious criminal offence or for unlawful activity which poses a serious threat to the security of the State.

(4) (a) In exceptional cases, where the security of the State is under immediate threat or where it is suspected that a serious criminal offence is likely to be committed in the immediate future, an application may be made ex parte to the High Court for access to data processed for journalistic purposes.

(b) Where an ex parteapplication under this section is made, the journalist processor whose data is the subject of the application shall be notified of the application by, and given the opportunity to make representations before, the High Court as soon as practicable.

(5) An appeal shall, by leave of the High Court, lie from a determination of that Court under this section on a question of law to the Court of Appeal.”.

This is a sincere attempt to strengthen the Bill by affording further protections to journalists and their sources. I will not go into it in great detail because the amendment speaks for itself and lays out clearly what we hope to achieve, the protection of the integrity of important journalistic work and the service it provides to citizens and the State by holding government and other agencies to account. It does not seek to hinder or block journalists from obtaining necessary data. It merely puts in place considered, measured, thoughtful, proper filters, protections and guidelines to protect the integrity of the journalism and its ethos, showing that we respect that institution and the important and critical role that journalists play.We have seen that role played out in recent times and the significant contribution journalists can make to the democratic process and ensuring the State is held to account. The amendment seeks to insert a number of protections; it does not seek to cause any unnecessary or undue barrier to obtaining the necessary data where they are legally required through High Court applications and to the filter process that seeks to protect journalistic integrity and, indeed, the integrity of their sources moving forward. I will press the amendment. I hope the Minister will acknowledge why we view this to be of such critical importance at this stage.