Senate procedures and GSOC review
Senators seek consideration of changing the timing of Commencement debates and discuss the forthcoming review of GSOC access to telephone records, alongside a proposed cystic-fibrosis medicines motion.
Perhaps the Leader will consider in the next term reverting to taking the Order of Business at the start of the day, with the Commencement debate taking place after it. It was more efficient and effective. I am not speaking on behalf of Fianna Fáil. The Leader might consider it in the light of the current situation and the fact that a general election is pending, which makes it more difficult to keep the House going than in normal times.
Regarding the review of the powers of the Garda Síochána Ombudsman Commission, GSOC, the appointment of the former Chief Justice and Attorney General, Mr. John Murray, will bring great experience to the field. However, the scope of the review has been restricted to access to the telephone records of journalists and does not include politicians. Why would a politician's telephone be tapped? Why has the matter been left in doubt? I ask the Leader to ask the Minister to extend the scope of the review. It has been brought to my attention that some legal firms are very concerned about client confidentiality. A solicitor who believes his telephone is being tapped has contacted me. I ask the Minister to extend the remit of the review to politicians and members of the legal profession, whether barristers or solicitors. Confining it to journalists is an inadequate response. Approximately 6,000 telephones were tapped in 2014. It is a terrible infringement of human rights that confidential telephone calls can be interfered with and listened to and the information distributed around GSOC and whoever else is involved. The Minister has taken the issue seriously by appointing the former Chief Justice. The remit of the review could be extended further to allow for the concerns expressed to me by members of the legal profession to be dealt with. The relationship between a solicitor or barrister and a client is very special. It is like a confessional and should not be infringed by the State, GSOC or any other agency of the State.
Comment on this
As promised, I have circulated to all group leaders and Senator Gerard P. Craughwell, as per his request, an alternative text of a motion seeking access by cystic fibrosis patients to particular medications. I look forward to replies from colleagues. I hope that by the end of the week, if I have agreement from all group leaders, we can table an all-party motion from all Senators on this very important and pressing issue for so many people across Ireland.
It is welcome that the former Chief Justice, Mr. John Murray, is to conduct a review of the legislation allowing access to journalists' telephone records. I note that the review is somewhat circumscribed and limited in its remit and that there is a time limit of three months on it. It is important that we have a tight timeframe. It might be difficult to expand its remit and still expect a report within three months. Clearly, there are concerns that are broader than the issue of access by GSOC to journalists' telephone records. I note the revelations in The Irish Times today that 62,000 requests or applications were made, mostly by members of the Garda, for access to telephone and Internet data in five years to the end of 2012. Clearly, there is a bigger issue.
The impact of the Communications (Retention of Data) Act 2011 needs to be considered in more detail and it is welcome that the Data Protection Commissioner has announced an audit of Garda and GSOC access to telephone data. There are other reviews ongoing or which will be put in train apart from the review announced yesterday. I welcome the assurance of the Minister, Deputy Frances Fitzgerald, that she has not personally authorised tapping of journalists' telephone calls. It is important we know this. I also welcome the news that the new chairperson of the GSOC, the eminent former High Court judge, Ms Justice Mary Ellen Ring, has said the ombudsman acted within the law at all times. A number of issues are being brought to light around surveillance, access to telephone records and Internet data which deserve further consideration.
I also welcome the approval for publication of the statute law revision Bill 2016 which the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, announced yesterday. The Bill will repeal 300 pieces of outdated legislation and is an important tidying up or codification of the statute law, which is an issue about which I have spoken many times.
Tonight in the House I look forward to introducing a very important Private Members' Bill in Labour Party Private Members' time which I will be proposing and Senator Aideen Hayden will be seconding, namely, the Competition (Amendment) Bill 2016 which seeks to expand the rights of collective bargaining for workers. It is a Bill that has been sought by trade unions for some years. I have been working on it for some time and know that its introduction is being welcomed by SIPTU, the NUJ and Irish Equity, among others. Colleagues will be aware that the operation of the Competition Act 2002, in particular, restricts the capacity of unions to negotiate on behalf of freelance members such as freelance actors or journalists in setting pay rates. The Bill seeks to exempt certain groups of workers from the prohibition in competition law against price fixing. We are trying to take the middle ground to ensure there is no detriment to the consumer because the Competition Act is concerned with consumer protection. I am happy to provide a briefing on the Bill for any Member who wishes to have one in advance of its introduction at 5 p.m. Members of the unions affected will be present in the Visitors Gallery tonight to see the Bill debated on Second Stage. It is an important plank of the Labour Party policy and it should receive a general welcome from across the House, as well as from the Minister.