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Dáil Éireann debate -
Thursday, 6 Feb 2003

Vol. 560 No. 5

Written Answers. - Proposed Legislation.

Breeda Moynihan-Cronin

Question:

48 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when the promised legislation to give effect to the recommendations of the report of the working group on the review and improvement of the maternity legislation, which was published in February 2001, will be published and enacted; and if he will make a statement on the matter. [2924/03]

A review of the maternity protection legislation was carried out in 2000 by a working group, chaired by my Department, which comprised the social partners and relevant Departments and Government agencies.

In December 2000, the Government approved the implementation of the recommendations of the working group by amendment of the existing legislation through Statutory Instrument or primary legislation, as appropriate. At that time, the Government also decided to amend the Adoptive Leave Act 1995 to reflect the proposed changes to the Maternity Protection Act 1994, where appropriate.

The group's recommendation to increase the periods of maternity and additional maternity leave was implemented very shortly after the publication of its report in February 2001. The increases were announced in budget 2001 and implemented with effect from March 2001. Identical increases were simultaneously applied to the adoptive leave entitlement.

On 17 July 2002, Government approval was obtained for the drafting of a Bill to give effect to the remaining recommendations of the working group. The Bill in relation to the amendment of the Maternity Leave Act 1994 is currently with the parliamentary counsel. It is expected that the Bill will be published early in 2003 and enacted as soon as possible afterwards.

Willie Penrose

Question:

49 Mr. Penrose asked the Minister for Justice, Equality and Law Reform his proposals for legislation which would require telecommunications operators and Internet service providers to store and manage data for a specified period of time; the purpose of the proposed legislation; and if he will make a statement on the matter. [2912/03]

Section 98 of the Postal and Telecommunications Services Act 1983, as amended, provides for the disclosure of information concerning the use made of telecommunications services for the purpose of the prevention or detection of crime or in the interests of the security of the State. Such information was, I understand, held by licensed operators for a period of six years for billing purposes.

The implementation of Directive 97/66/EC of the European Parliament and Council concerning the processing of personal data and the protection of privacy in the telecommunications sector provides for the erasure of certain telecommunications data. This provision may be restricted to safeguard certain objectives, such as national security, public safety and the prevention, investigation, detection and prosecution of criminal offences.

Last year the Government decided that legislation should be drafted requiring licensed operators to retain information concerning the use made of telecommunications services provided by them for any person for a period of three years. As an interim measure the Government also decided that the Minister for Public Enterprise should issue Directions under section 110(1) of the Postal and Telecommunications Services Act 1983, as amended, requiring such retention.

This legislation is currently under consideration in my Department as announced in the Government legislation programme published by the Government Chief Whip on 7 October last. I undertook to consult with interested parties on the scope of the proposed legislation, prior to my bringing proposals to Government. As a first step in this process I have organised an information seminar with key stakeholders to be held later this month.

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