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

Section 40 was proposed for deletion from the Bill and amendments Nos. 59, 62 and 66 are consequential on its deletion. The intention behind section 40 was to provide for those limited circumstances where a person refuses to provide An Garda Síochána with CCTV footage of a crime. However, after meeting with various stakeholders, concerns were voiced to my Department regarding the scope of the power that was created by this section, where there was no judicial authorisation or approval process set out in the legislation. The Department has listened to the concerns raised and I am proposing to remove the section after requesting and receiving further legal advice. An Garda Síochána has other ways in which it can obtain data from unco-operative third parties.

Amendment No. 59 is a consequential amendment and will remove section 41(3) of the offence provision for section 40. Amendment No. 62 is also consequential to the removal of section 40. It will remove the reference to section 41(3), which is to be deleted from the Bill. Amendment No. 66 is a technical amendment to the Long Title to reflect the removal of section 40.