Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 199:

In page 102, between lines 11 and 12, to insert the following: "(8A) Where material or equipment obtained in the course of the investigation in the exercise of powers under section 139ZC, is subsequently not found to be relevant to the investigation, it shall be returned to the provider at the earliest possible opportunity.".

This is an important provision and I hope the Minister will agree to it. Under these sections, we know materials or equipment can be seized in order to review whether they are relevant. Where material or equipment obtained in the course of an investigation in the exercise of powers is subsequently found not to be relevant to the investigation, it should be returned to the provider at the earliest possible opportunity. This is to ensure that where there is a case where large amounts of equipment are being seized, including hard drives and computers, and it is found not to be relevant to an investigation, it would be returned at the earliest point. These are the tools of the service provider and we should not have a case where a very wide sweep of material is seized and remains impounded when only a very small amount is relevant. The Minister should agree that where something is found not to be relevant to an investigation, it should be returned.