I note the judgment from the Supreme Court today in the case taken by Mr Graham Dwyer against the provisions in the law for access to communications data, and the Court’s decision to refer questions to the Court of Justice of the European Union. The process for a reference in this case is, of course, a matter for the Supreme Court.
The judgment, as well as the draft preliminary reference from the Court, is being examined by my officials, who will do so in conjunction with the Attorney General’s Office.
I am conscious that this is an area of law where there have been, and there are pending, quite a number of references to the Court of Justice.
It is clear that the current legal framework, allowing for access to communications meta–data to combat criminals and terrorists, needs to be modernised in light of evolving jurisprudence.
The Government has already approved drafting of a revised General Scheme of the Communications (Data Retention and Disclosure) Bill. The Bill will replace the Communications (Retention of Data) Act 2011. Drafting of the Bill is well advanced and the Department of Justice and Equality is working closely with the Office of Parliamentary Counsel and the Office of the Attorney General on this matter.
The draft legislation will, of course, need to take account of the outcome of the referral of this case to the CJEU.
We must be conscious that Mr. Dwyer is, in separate legal proceedings, appealing against his conviction and in those circumstances, of course, it would not be appropriate for me to comment at all on the details of the case.