Dáil Éireann Debate, Tuesday - 12 December 2017
215. Deputy Catherine Murphy asked the Minister for Justice and Equality his plans to amend the Data Retention Bill 2017, in view of the fact that the Murray report states that the data retention system here is precluded by EU law; and if he will make a statement on the matter. [52744/17]
Amharc ar fhreagraThe Deputy will be aware that on 3 October I published the general scheme of a Communications (Retention of Data) Bill 2017 to replace the Communications (Retention of Data) Act 2011.
This proposal for new legislation responds to recent judgments of the Court of Justice of the European Union and will update the current law in Ireland to take account of requirements of the Court. In particular, the Deputy will note that I propose to provide for prior judicial authorisation in all cases where State agencies seek access to communications data in the context of investigations into serious crime and safeguarding the security of the State.
I wrote to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of a new Communications (Retention of Data) Bill. I understand the Committee has concluded their pre-legislative scrutiny of the general scheme and I look forward to their report in the context of bringing forward these proposals for legislation.
Mr. Justice Murray's report was comprehensive analysis of the law in this area and has provided valuable advice in the context of developing my proposals for new legislation in this area. I had forwarded Mr. Justice Murray's report to the Oireachtas Committee on Justice and Equality in order to support its consideration of the general scheme for the new legislation.
