I accept the Minister's point in terms of emergency legislation in general. That is why we endeavour to have clarity. It is emergency legislation, but emergency legislation that is responding to that lack of clarity. That is why we were seeking to be constructive in trying to nail down that clarity. I accept the point in terms of case law. It is important for the Minister to give that clear signal that it should, and I understand will, be in the power of courts to decline a request from the Minister if they do not …

While we acknowledge the case for the previous amendments was really strongly made, I still have concerns. I am thinking of amendment No. 4 in particular. It was asked what would happen if the Minister did not make regulations. That would be an issue for the Government, including the Minister, in that it would have failed to make them, but the point is that we are being asked to give the power to make regulations, with the usual caveats attached, and also a blanket provision. The scope of the regulations may be wid…

Geolocation or GPS?

While it is useful to reference the principal Act in respect of amendment No. 11, in terms of a "revenue offence", I feel quite strongly about amendment No. 8 and, indeed, the principles in amendments Nos. 9 and 10. An offence as constituted in that section is potentially extremely wide. We do not want a situation where there is a suspicion that a minor offence will become a justification or reason for a member of An Garda Síochána to be accessing user data. I will be frank; we know we have had situations in the pa…

Are we not on amendments Nos. 8 to 11?

I apologise. I will come to them in a moment.

I accept the argument that there is a clarification to a degree on what constitutes a “revenue offence” in other legislation. However, in terms of the powers of An Garda Síochána in this section, I think that including the word "serious" as a parameter when describing an offence is an important safeguard in accessing data. I would not want a situation whereby a very generic offence can be used. I will just reference amendments Nos. 9 and 10 again because it comes to that. I am looking at the question of an offence …

There is a disjoint. I understand that the Minister is addressing the court ruling, but we are also addressing what we believe to be good and best practice. I still have concerns in respect of this issue. I am especially concerned in the context of surveillance in the State, as was mentioned. There have previously been some very bad ideas floated in terms of what might be done in that regard. I note that the policy intent the Minister is describing and what is written down in the Bill are slightly different. I do n…

It is important to be clear that our amendment specifically states that we want to add the word "serious". Our amendments are not in respect of whether serious offences would be a basis. Our amendment specifies that it would be "serious" offences. I note that the word "criminal" is not referenced in the Bill but the term "an offence" is. So we think that "a serious" offence is a reasonable piece. I also note that Bill shows section 6(1)(a) or (b). Therefore, (1)(a) is not contingent on (1)(b) and is, in itself, a b…

I share the same concerns as my colleague. We have raised our concerns when discussing other matters like the use of CCTV cameras. It is that idea of "preventing, detecting, investigating or prosecuting offences". We have tabled two amendments regarding "preventing". Perhaps the Minister might clarify what is meant by "detecting". Amendment No. 9 seeks to delete the word “preventing,” and amendment No. 10 seeks to delete “preventing, detecting,”. We feel that "investigating" should cover the matter where there is a…

We have not sought to remove the phrases pertaining to investigating or prosecuting offences. Where an offence is being investigated, of course it is appropriate that the data can be accessed. What we have addressed is the question of prevention and detection. It needs to be seen alongside the wide definition of "offences" that is given here. The Irish Human Rights and Equality Commission has highlighted to the UN the questions and dangers in respect of profiling in policing. That has been raised at UN level. Irela…

I move amendment No. 11: In page 8, line 33, after “a” to insert “serious”.

I move amendment No. 12 In page 8, line 36, to delete “preventing,”.

I will be delighted to anyway.

With regard to the question on the definition of "journalist", the Minister is aware that as recently as last year Opposition Members in the other House have proposed legislation on the protection of journalists and clarifying exactly the definition of a journalist in law. They asked whether we should look to the National Union of Journalists for a definition or look at international definitions. These are discussions that Opposition Members have tried to lead. They are increasingly important at a time when we are …

I echo what has been said. The Minister of State has acknowledged that this is a really important set of suggestions. During the year I spent on the Joint Committee on Disability Matters, this came through again and again. If there are 40 children in an area who need supports at primary school, we should know that, X number of years ahead, we will have the same number of children needing supports going into second level. Yet we see that families often have to restart the whole process of children's needs being iden…

I start by welcoming the Minister to the House and indicating my support for the motion. I add my voice to that call. It was a pity to see a Government amendment to the motion being put forward, given that so much of what we have heard has been in agreement. Senator Warfield's motion opens by directly acknowledging the positive elements in the Government motion. It literally opens by welcoming the report of the night-time economy task force and welcomes the programme for Government commitments around licensing laws…

I have a number of amendments in this grouping. As I understand it, the amendment put forward by Senator Gavan is not about discouraging other areas. It seems to be about promoting, protecting and enhancing the public aspect, which is an important aspect. Again, it is a positively framed amendment in that regard. All of my amendments relate to the objects and functions of an t-údarás. This is really important because it sets the agenda that will transform. We will come to some of the details on the functions later.…

The issue has been discussed and debated. I am sure that it will continue to be discussed and debated further. Amendments Nos. 20 and 21 refer to academic freedom for both staff and students in the objects of an t-údarás. Amendment No. 21 seeks to insert "and protect" after the word "respect. This section is the appropriate place to include this because academic freedom is set at a high level in terms of functions, which can have the appropriate effect elsewhere. There have been and will be debates on it going in a…

Yes.