Joe Higgins (Dublin West, Socialist Party)
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Question 332: To ask the Minister for Justice, Equality and Law Reform the purpose of a motion on communications data retention measures in the EU put down to the Council of Ministers of Justice and Home Affairs by Ireland, along with Britain, France and Sweden; and if he will make a statement on the matter. [16534/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 28 April 2004, a proposal for a framework decision on the retention of communications data, co-sponsored by Ireland, the UK, France and Sweden, was published. It arose from the Declaration on Combating Terrorism, adopted by the European Council on 25 March 2004 following the terrorist bombings in Madrid on 11 March. The declaration instructed the Council to examine measures for establishing rules on the retention of communications traffic data by service providers with a view to adoption by June 2005.

The purpose of the proposal is to ensure that data processed and stored in the course of making or receiving a communication over publicly available electronic networks is retained for a specified period by the service providers. The period of retention specified in the draft proposal is between 12 months and three years with power to derogate from the 12 months period in the case of certain types of technology. The proposal is concerned solely with information about communications traffic, such as, for example, when and to which number a phone call was made. It does not allow access to the content of communications.

Law enforcement agencies will have the power to request access to the data for the purpose of prevention, detection, investigation and prosecution of criminal offences, including terrorism, subject to certain data protection and security principles.