Jan O'Sullivan (Limerick East, Labour)
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Question 97: To ask the Minister for Justice, Equality and Law Reform if, arising from the recent judgment of the European Court of Justice, he will introduce the legislation required to bring Irish law regarding the retention of data on telephone calls into line with European law; and if he will make a statement on the matter. [7590/09]

Martin Ferris (Kerry North, Sinn Fein)
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Question 99: To ask the Minister for Justice, Equality and Law Reform if he will make a statement on the implications of the European Court of Justice's recent ruling against Ireland, in which it held that the internal market decision mechanism employed in the making of the data retention directive which involves no Irish veto was the correct one as opposed to the justice and home affairs mechanism which he contended was the correct one and which does involve a veto, for future decision making in areas deemed by Irish elected representatives to be matter of justice rather than services. [7575/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 97 and 99 together.

Irish law on data retention is mainly at Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. It obliges service providers to retain telephony data for three years and to disclose it to the gardaí on request for the purpose of the prevention, detection, investigation or prosecution of crime or for safeguarding the security of the State. The providers are also obliged to disclose telephony data on request to the Permanent Defence Force for the purpose of safeguarding the security of the State. The 2005 Act provisions largely comply with the telephony requirements of Directive 2006/24/EC of the European Parliament and Council on the retention of data. I will shortly be seeking Government approval to publish a Bill that will consolidate the existing legislation in the 2005 Act and the requirements of the directive in relation to the retention of internet data.

Ireland sought the annulment of Directive 2006/24/EC before the European Court of Justice (ECJ) based on the argument that the legal basis used for the Directive, which is contained in the internal market provisions of the EU Treaties, does not apply to measures that are designed to combat crime. The ECJ has ruled that as the Directive relates predominantly to the functioning of the internal market, it is founded on an appropriate legal basis. The implications of the judgment are being examined in my Department.