EU: Ireland plans to bring a legal challenge against the method used to introduce new EU laws forcing telephone companies to keep records.
Yesterday MEPs approved by 378 votes to 197 a directive on data retention that will allow national agencies, such as the Garda, access to records of telephone calls, text messages or internet connections made by terrorist or criminal suspects. This information will be held for up to two years.
The data to be stored includes the caller's number, the location of the caller and the number dialled, but not the content of the communication. It will also track the length of the call.
The European Commission had sought a common approach to data retention to enhance co-operation in the fight against transnational criminals and terrorists.
However, Minister for Justice Michael McDowell believes the commission does not have the legal power to introduce a justice and home affairs measure using qualified majority voting.
According to Mr McDowell, new laws in this area should only be introduced by unanimous vote, thus providing member states with the right to veto.
Following the vote yesterday a Department of Justice spokeswoman confirmed the advice of the Attorney General was being sought ahead of a challenge being brought to the European Court of Justice.
Ireland had supported the objectives of the directive and even made a submission during debates on the issue, recommending that such data be retained for a longer period.
This follows Mr McDowell's introduction of rules obliging telephone firms in Ireland to retain telephone data for three years.
Following a debate by MEPs on Tuesday, the limit was set at up to two years, with member states retaining the ability to "exceptionally extend these periods", subject to commission approval.
Telecommunications firms will store the information collected and will face penal sanctions if they misuse or fail to retain the information.
The legislation will also require telecoms companies to register the location of successful and unsuccessful calls.
This had been opposed because the majority of firms do not register unsuccessful calls for billing purposes.