Press release, for immediate release
Dublin, Tuesday 22 May 2013
Ireland’s human rights watchdog, the Irish Council for Civil Liberties (ICCL) has today (Wednesday 22 May 2013) commented on provisions in the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013, which provide for the temporary shutdown of mobile telephone services where necessary to avert certain serious threats.
While highlighting a number of areas where the legislation could be improved, the Council concludes that the proposed measures constitute a proportionate response to imminent threats that explosive or other lethal devices will be activated by use of a mobile phone.
Commenting on the proposed legislation today, Deirdre Duffy, ICCL Senior Research and Policy Programme Manager said:
“Exceptional measures of this nature must be accompanied by an extremely stringent set of safeguards in order to be compliant with human rights and civil liberties standards. In particular, such measures must be set down in law, pursue a legitimate aim, and be proportionate to that aim.”
“This legislation largely meets these standards. The proposed cessation of mobile services is subject to strict time limits; can only be authorised at the highest levels; and must be demonstrated to be of direct material necessity.”
“There are however a few areas for improvement. It is crucial that the public has access to emergency telephone services in so far as it is possible; however, at the moment, the wording is not robust enough in obliging network providers to ensure that emergency telephone services remain available during a network shutdown. In addition, the legislation does not mention geographical limitation – something that in the interest of proportionality should be provided for explicitly in the text. Finally, due to the exceptional nature of the powers given to the Minister for Justice and the Gardaí, we propose that these provisions should be subject to a review, for example through the insertion of a sunset clause; or Parliamentary oversight; or both.”
The ICCL intends to write to the Minister outlining these concerns.
For further information or comment contact:
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland
Tel. + 353 1 799 4503
Mob: +353 87 9981574
Fax. + 353 1 799 4512
E-mail walter.jayawardene@iccl.ie
Web www.iccl.ie
Note to editors:
• Under proposed Part 3 (Cessation of Mobile Communications Service in Response to Serious Threat) of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013, a Garda Assistant Commissioner may apply to the Minister for Justice, Equality and Defence for permission to ask a mobile phone provider to shut down the mobile network in a particular area of the State.
• On analysis of the proposed legislation, the ICCL has formed the opinion that there are sufficient checks and balances contained within the legislation in order to ensure it could only be used for the purposes intended.
• The ICCL’s analysis concludes that the proposals fall within European Convention on Human Rights standards requiring such measure to (1) pursue a legitimate aim such as the protection of the life and freedom of others and (2) be prescribed clearly in law. Examples of the safeguards in place in the legislation include:
o It can be applied for period of no longer than 6 hours
o Only high ranking Gardaí are eligible to apply
o The definition of “serious threat” is detailed, and includes the concept of imminence
o It includes a requirement of a statement of reasonable belief that the shutdown measure is necessary (making it difficult to apply to inappropriate circumstances)
o There is an explicit recognition of the Importance of maintaining the mobile network and an obligation to have regard to this in making the decision to implement the shutdown
o There must be a reasonable prospect that the shutdown would be of material assistance in averting the threat
• The ICCL would recommend a number of amendments and additions to the legislation to improve the safeguards contained therein. This would include:
o More robust wording to ensure that emergency telephone services remain available during a network shutdown
o More explicit provision for geographical limitation of the measure, in the interests of proportionality and necessity
o The subjection of the legislation to periodic review through the insertion of a sunset clause; or Parliamentary oversight arrangements; or both.