Helen McEntee (Meath East, Fine Gael) | Oireachtas source

This is the final group of amendments. They are amendments to the Communication (Retention of Data) Act 2011 to correct drafting and cross-referencing issues in the amending Act that was passed last year. Under the 2022 Act, applications for data must be approved by a judge. They are made on an ex parte basis with the relevant agency present, for example, An Garda Síochána. They must be also heard otherwise than in public - essentially, in private. This prevents a risk of any persons disposing of evidence or otherwise frustrating any investigation.

There are four other sections of the Act that permit a superior officer to sign off on applications for data in urgent cases. This would apply if there were immediate risks of data being destroyed or a risk to life, to national security or to a criminal investigation in general. A superior officer must apply to a judge within 72 hours for affirmation of an urgent order. The judge reviews the case and assesses whether the order should have been made. This safeguard is a requirement of the European Court of Justice rulings.

Currently, the Act provides that an application to a judge for affirmation of an urgent order must be on an ex partebasis, but it does not state that the application must be heard in private. The amendment confirms that these applications must be heard in private. They will prevent any risk to the operation of these sensitive data applications and will ensure that there are consistent rules across the Act for applications to judges.