Alice-Mary Higgins (Independent) | Oireachtas source

I accept the Minister's point on "reasonableness" on amendment No. 196 but I disagree on the Minister's points relating to amendments Nos. 197 and 198. There is a very large discretionary power being given to the authorised officer for as long as he or she reasonably believes necessary. There must be some form of time limit. I am not necessarily suggesting this should be every eight weeks but I am saying if it is longer than eight weeks, the process would be subject to review. I am open to the period in question but we do not want a case where, effectively, authorised officers may target an online provider and seize materials over a long period. It may be such a period that it would effectively affect the potential continuity of a service provider.

Again, I say this not in the context of expecting terrible and draconian actions from authorised officers within the State but in looking to best practice elsewhere. There are cases whereby materials and equipment have been seized in other countries in a way that could have a detrimental effect on civil liberties and civil society participation in some cases. That is why I believe it is best practice to have a check on the issuing of warrants. If a warrant is being used, An Garda Síochána should be present. We disagree on amendments Nos. 197 and 198, which is fine.