Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages
Seanad Éireann — 2022-07-13
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Barry Ward (FG), Industrial and Commercial Panel

When I first read this amendment, I did not understand where the Senator was coming from. Having heard what the Senator said, I understand much better.
I do not know whether the proposal is that there should be no default period once the law passes, for example, before the Minister had a chance to make regulations. I would have thought there should be provision. The Senator may feel that a year is arbitrary, but a year is one of those terms that exists since Roman civil law. "For a year and a day" is often the term that is used as a default period in law generally.
That makes sense to me. When I read the Act, it made sense to me that there would be a default period. I understand what is being said about the CJEU and will be delighted to hear what the Minister has to say about this, but it seems that in the absence of the default period, a much more dangerous lacuna is created. If, for example, the Minister declined to make regulations, would it mean there would be no retention period? Would it mean the retention period would be open-ended? I would have thought the purpose outlined in the Bill would get us around that. I presume that is the intention. I understand where the Senator is coming from but believe there is probably a basis for it.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-07-13/debate/main
Retrieved: 2026-09-21T01:01:04+00:00
Sitting date: 2022-07-13