Mattie McGrath Questions Data-Retention Bill's Rush and Safeguards
Mattie McGrath addressed the Communications Retention of Data Amendment Bill 2022, expressing concern about indiscriminate retention of electronic traffic and location data and the rushed timetable for the legislation. He acknowledged the bill responds to a CJEU ruling but warned it creates grey areas around national security, judicial oversight and the potential misuse of retained data.
European court ruling and legislative trigger
In a case taken by the convicted murderer Graeme Dwyer, the Court of Justice of the European Union, CJEU, ruled that EU law precluded the general and indiscriminate retention of electronic traffic and location data to combat serious crime. The government approved drafting of the bill in early June to address the impact of that judgment and to provide legal certainty for communications companies and state agencies.
Key provisions in the bill
The bill proposes quick freeze orders and establishes preservation and production orders to preserve and access specified data held by service providers. Preservation orders act as a quick freeze to require retention of data at a point in time, while production orders permit access to specified data where necessary for national security and law enforcement and where authorised by an authorising judge.
Concerns about scope, oversight and misuse
McGrath voiced worries about the bill allowing general and indiscriminate retention in practice, noting the risk that data on ordinary, peace‑abiding people could be kept and used beyond serious crime investigations. He emphasised the need for clear safeguards around national security grounds, judicial approvals and limits on commercial access to retained communications data.
Process, urgency and calls for review
While acknowledging the minister of justice described the bill's urgency as unavoidable, McGrath criticised the rush of legislation and the limited scrutiny it received, noting five pieces had been advanced quickly. He urged an impact assessment after a defined period to evaluate how the law is bedding in, whether measures like tagging are being used, and whether the scheme has been fair and practical.
Future reform and unanswered questions
The minister has said more comprehensive proposals and a consolidated legal framework will follow later in the year. McGrath said he remains open‑minded but sceptical about rushed lawmaking and wants future legislation to remove ambiguities and protect rights while enabling investigation of serious crime.
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I too am pleased, well pleased the wrong word, to try and contribute to this piece of legislation. I'm genuinely perplexed because I don't know whether it's a right or a wrong thing, there's a good and bad and everything situation but in early June the government approved drafting of the bill which is aimed at addressing the impact of recent judgments from the courts of justice of the European Union, CJEU. And I've often commended and complimented and said people had to go to Europe to get justice for any issues that they couldn't get justice for this country but this is a rather troubling case. In a case taken by the convicted murderer Graeme Dwyer, the Court of Justice of the European Union, CJEU, ruled that EU law precluded the general and indiscriminate retention of electronic traffic and location data to combat serious crime. And that kind of worries me, you know, because serious crime is serious crime and murder is the most serious of all and conviction everyone's entitled to a fair trial and innocent and proven guilty but the indiscriminate use of data then for other issues is a whole different area and which is happening and all kinds of information being kept on individuals and orderly peace-abiding people than just ordinary people, the communications retention of data amendment bill 2022 will allow the general and indiscriminate retention of communication traffic and location data only on national security grounds were approved by designated judge and fair bid for me to criticise any judge but it's kind of troubling. The quick freeze orders, the bill also sets up a system of preservation orders and production orders. These will facilitate the preservation of an access to specified data held by service providers for both national security and the investigation of serious crime where permitted by an authorising judge. The preservation order will act as a quick freeze requiring service providers to retain a specified data that they hold at a particular point in time for a period. The production order will allow access to a specified data held by service providers for commercial or other reasons where such access is necessary for national security and law enforcement so therein lies the kind of grey areas of what I'm concerned and I have worries about this being challenged and again this rush legislation and any rush legislation in my opinion not all of it but it can lead to flaws obviously and I'd like to see as we don't with any legislation a kind of an impact assessment after a finite period to see how it's bedding in and see if it's been used or if it's been used has it been you know has it has it has it been in the first case and has it been functional and practical and has it been fair above all else and the minister of justice has said this yourself minister this urgency of the bill was unavoidable given the need for legal certainty for communications companies and state agencies certainly I agree with that in addition to this urgent bill you intend to bring in bring forward more comprehensive proposal later in the year to address wider reforms and more consolidation legal framework in this area the patent justice has said that the proposed changes were without prejudices to the states according to the PH Supreme Court of a high court ruling on the act so it's a kind of they've asked to get grants so why I know it's urgent it's it's urgent I know the reasons but why is this urgent the second last week of the term and why are you going to bring forward more robust legislation now you tell us you are and this is not a personal criticism but it's a criticism of the system will we have a different legislation will it be more robust and will it be will it as I said without the chaff from the oats as regards you know retention of data because as I said it is been retained and been used and misused in many cases I agree with us you know crime and serious crime we must try and get a balance that we would retain data for that area but as I said I often encourage people to go to Europe to get justice because they don't get it here so in this case they've made a ruling because the justice of the European Union as I said the court confirms the the EU law precludes the general and indiscriminate retention of traffic and location data relating to electronic communications to combat serious crime and we did bring in and passed here that we would begin uh tagging which I for years advocated for because it cut down an enormous amount of gather time and I don't know has that been used at all so we're so slow here to embrace and to engage things that they've known jurisdictions and you know we we say we will and we have great aspirations but the aspirations don't normally deliver they're waiting to believe in them and have faith in them so I have concerns minister about this as concerns with any rush legislation and moreover this so I don't know I have an open a very open mind on this at this point in time but the real criticism is that as we met the point today at the order of business challenging it that five pieces of legislation been rushed through and and with a proper scrutiny of debate and it's not does not go well for a democratic parliament thank you
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