IF DATA retention legislation introduced in the Dáil yesterday had been in place when the Birmingham Six case was considered they would probably not have been convicted, the Dáil has heard.

Minister of State for Foreign Affairs Peter Power was referring to the Communications (Retention of Data) Bill, which requires service providers to retain phone data for two years and internet data for 12 months, and make it available on request for the detection, investigation and prosecution of serious crime.

Sinn Féin justice spokesman Aengus Ó Snodaigh sharply criticised the Bill, highlighting the possibility of phones being used by someone other than the owner for calls, which could lead to a criminal investigation against the owner.

“Some people argue that those who have nothing to hide have nothing to fear. After 15 years in jail, members of the Birmingham Six and Guildford Four and others who have been falsely imprisoned in this State and in other jurisdictions will say that argument does not hold in every circumstance.”

The Dublin South Central TD said “data could be leaked or inadvertently or maliciously used against individuals”.

He claimed there were those in the Department of Justice and An Garda Síochána who “engaged in malicious leaking of data against republicans and others. I have seen photographs which were taken in Garda stations published in newspapers in this State. The only people who have access to this information are gardaí.”

Mr Power said the retention of phone and internet data “is a real and effective investigative tool, as it can provide the sort of alibis and exculpatory evidence that can lead to people being cleared”.

He described Mr Ó Snodaigh’s mention of the Birmingham Six as ironic “because if this legislation had been in force and in effect when that case was first considered, and if the technology necessary for it had been available, it is distinctly possible that the Birmingham Six would not have been convicted”. Fine Gael, Labour and Sinn Féin criticised the decision to retain phone data for the maximum two years, and internet data for one year, when countries such as Britain had a standard data retention period of 12 months.

The Bill was introduced by Minister for Justice Dermot Ahern who said that if “a gangland criminal is charged with an offence, it may be necessary to request telephony data that is up to two years old as it might help to identify other members of the gang”.

However, the Minister stressed the protections in the legislation pointing out it does not apply to the content of phone conversations or e-mails and it did not apply to web browsing or websites visited.

Fine Gael justice spokesman Charlie Flanagan hoped “data retention measures will help to combat the scourge of renewed paramilitary activity”. He expressed concern about the use of the internet by dissident republicans to “recruit members and spread bile and hatred in this jurisdiction and beyond”.