Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire, agus an seal labhairt ar an mBille tábhachtach seo atá os ár gcomhair inniu. This Bill puts a focus on an issue that has long needed to be addressed by the Government, yet by the sound of things, the Government has failed to effectively deal with it. A proper approach to law reform in this area requires thoughtful and considered planning. I accept that there are great complexities in data retention, but with the right approach these difficulties can be resolved and overcome.

I am yet to be convinced otherwise, but as I understand it the Government is indicating that this Bill is unlikely to provide the solution that is ultimately required. That message will hardly instil confidence where it is most needed: the justice committee; the justice system; the Garda; and the general population. Indeed, the Data Protection Commission has concerns arising from data protection audits of these proposals. The EU law regarding data protection is problematic because of its strict adherence to the idea that only threats to national security merit the retention of data. This outlook could lead to serious criminals evading justice. An Garda Síochána is on record as stating that data retention is a challenge for it and for the police forces in many other European states that are investigating crime. In its submission to the joint committee, the Garda Síochána stated:

Under the scheme of the Bill, whilst AGS will be able to utilise Preservation and Production Orders to secure evidence, this process will be forward-looking and not retrospective. This will cause significant difficulties in criminal investigations, which usually commence post incident. However, this restriction does not arise in relation to matters relating to National Security matters.

There is a balance to be struck between EU and domestic law, between civil liberties and the need for justice. A stable regime is required to provide certainty to prosecutors, the courts, the Garda and ordinary citizens. For the front-line agencies, there is little in the Bill that sets out the when, how and where of data retention. Improvising in these areas is not something these agencies should be asked to do. The consequences of them getting it wrong are very worrying indeed.

The rights of ordinary citizens need to be heard right the way through this process. The Irish Council for Civil Liberties outlined a number of its concerns. It is clear that the Bill will lead to further legal uncertainty and legal challenge. Those directly affected deserve better than this. Furthermore, indiscriminate data retention with little legal certainty or process poses a great threat to privacy. Proper supervision of access arrangements is important but of course the best protection is always to not collate data in the first place - followed by collating it for specified reasons - with a clear legal basis and grounding. The Bill allows for a one-year retention period, which can be reviewed. This could see data being retained indefinitely, which is not a desirable outcome. The functions of the judge who grants access to this data must be expanded. Nonetheless, despite the Government's inertia, there is a clear need to address the issues that arise from this Bill.

Like other colleagues, I commit to working as hard as I can to ensure that it is got right. I do not think I could outline any more eloquently, comprehensively, or with the level of concern that Senator Martin outlined to the House. Moving forward through the process in this House, I hope we can get to the point where this legislation is as strong and positive as it so clearly needs to be.