The Joint Committee on Justice writes to the Minister for Justice following Pre-legislative scrutiny of the General Scheme of the Communications (Retention of Data) Amendment Bill 2022

Committee Chair, James Lawless TD, commented “I felt it was imperative that we as a committee, had the opportunity to scrutinise this legislation before it goes to the floor of the Dáil. Being mindful of the looming Dáil recess, we expressed a view that the draft bill should have been brought to the committee at a much earlier stage. Nevertheless we processed it in an accelerated manner. Our report now contains a number of key points which I hope can be addressed through amendments when the bill comes before the Dáil next week.”

As a result of the two engagements this week, the Committee makes the following recommendation in relation to the General Scheme: 

• The Committee recommends that a Data Protection Impact Assessment should be

carried out before this Bill is published. 

• The Committee recommends that certain categories of citizens should be given

separate rights under this Bill, for example journalists, to ensure that their sources

are adequately protected. 

• The Committee recommends that some operational guidance in the form of a Code

of Conduct for service providers and or/ an industry working group would be

welcomed, as it would assist in providing operational clarity to the new provisions.

• The Committee recommends that a wider consultation with relevant stakeholders

should be undertaken in relation to this General Scheme, including representatives

from telecoms companies.

• The Committee recommends that this legislation should include a sunset clause and

the proposed revision of the Communications (Retention of Data) Act 2011 later this

year should include wider and more thorough engagement with stakeholders, to

ensure the finalised version of this legislation will be robust and will withstand any

legal challenges.

The Committee has now concluded PLS on this General Scheme and hopes that any matters raised as part of this process will be taken on board in the finalisation of the published Bill.

Finally, the Committee looks forward to further engagement and debate on this Bill in the course of its consideration and passage through both Houses.

ENDS

Full letter to the Minister for Justice and submissions can be read here

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