Seanad debates

Wednesday, 13 July 2022

Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages

 

10:00 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I will be very brief because Senator Ruane has outlined our concerns in this regard. There are specific amendments and specific approaches outlined but although we make suggestions for specific definitions, the crucial question is one of there being a definition. In an ideal scenario the Government would bring its own definition and make it clear in legislation. In its absence I urge that the Minister considers taking on one of the three definitions. If a different approach is sought, perhaps that definition could in future be amended.

We are really concerned about the Bill progressing with no definition at all. There are three cases of suggested language but I hope the Minister does not reply specifically to those suggestions but the really crucial issue of the absence of a definition, with the consequent absence of the necessary clarity around proportionality in line with the CJEU ruling.

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