Legislative Measures

Dáil Éireann Debate, Tuesday - 11 July 2023

Tuesday, 11 July 2023

Questions (95)

Mairéad Farrell

Question:

95. Deputy Mairéad Farrell asked the Minister for Justice in regards to the Communications (Retention of Data) (Amendment) Act 2022 and the fact that the European Commission had previously deemed it potentially "inapplicable and unenforceable" due to the Government's failure to put it through the Technical Regulation Information System (TRIS), if she can outline what has changed since then; what further communication she has had with the European Commission; and if she will make a statement on the matter. [33472/23]

Written answers

Minister for Justice

At the outset, I must inform the Deputy that prior to commencement my Department did notify the Communications (Retention of Data) (Amendment) Act 2022 to the Technical Regulation Information System process in December 2022. This was done on a ‘without prejudice’ basis, as Ireland was of the view that this was not legally required.

The notification period elapsed in March of this year, without comment or opinion from either the EU Commission or other Member States on the Act. Accordingly, Ireland was free to commence the Act and I signed a commencement order on 6 June last, with an operative date of 26 June.

I can confirm to the Deputy that no further communication was received from the Commission on this matter after the notification period elapsed.