Written answers

Tuesday, 30 January 2018

Department of Justice and Equality

Proposed Legislation

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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278. To ask the Tánaiste and Minister for Justice and Equality the progress made to date on replacing the Communications Retention of Data Act 2011; if it will be assigned to the relevant Oireachtas committee for pre legislative scrutiny; if the European Court of Justice has set a deadline for a new Bill to be enacted in view of the fact that without new legislation it may impact on certain legal cases; and if he will make a statement on the matter. [3979/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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On 3 October 2017 the Government approved my proposals for a new Communications (Retention of Data) Bill to replace the Communications (Retention of Data) Act 2011. 

In accordance with procedures in place, I wrote to the Oireachtas Committee on Justice and Equality on 3 October 2017 to ask it to undertake pre-legislative scrutiny of the general scheme for the new Communications (Retention of Data) Bill.

The Committee has heard submissions from a range of invited parties, including officials from my Department, and I look forward to receiving the Committee's report in the context of bringing forward proposals for legislation as a priority.

The Court of Justice of the European Union did not in respect of this area or law and does not generally set deadlines for the enactment of national legislation. As the Deputy will understand and as is the case with the development of any legislation, careful account must be taken of the evolution of the legal environment including relevant developments in EU law to which Ireland must have reference. The proposals for a new Communications (Retention of Data) Bill that I have put forward are intended to do just that.

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