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 share the same concerns as my colleague. We have raised our concerns when discussing other matters like the use of CCTV cameras. It is that idea of "preventing, detecting, investigating or prosecuting offences". We have tabled two amendments regarding "preventing". Perhaps the Minister might clarify what is meant by "detecting". Amendment No. 9 seeks to delete the word “preventing,” and amendment No. 10 seeks to delete “preventing, detecting,”. We feel that "investigating" should cover the matter where there is a specific concern. It is important that the word "detecting" is deleted in terms of fishing for information.

Prevention is a concern as well because using the word "preventing" allows for the idea that, potentially, categories of persons may be identified as persons who might commit a crime, and using this information goes towards the very dangerous idea whereby persons are identified as persons who might commit a crime. I remember the outrageous situation where the name of a baby or a child from a minority community in this country was placed on the PULSE for monitoring purposes. Let us bear in mind the kinds of things that have happened in the past in terms of policing and discriminatory practices. I am not talking hypothetically because, sadly, there are plenty of examples of these cases around the world, and there are cases and examples in Ireland.

I am concerned about the use of certain words, in particular the word "preventing". For example, the idea of saying we need to have information on these persons without there being reasonable grounds and a proper case. Again, serious offences are not mentioned in the legislation just "offences" in terms of criminal offences.

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