Brian Murray SC, for the State, told Mr Justice Tony O’Connor it intends to apply to the top court to hear “a leapfrog appeal” of the finding that convicted murderer Graham Dwyer is entitled to certain limited declarations concerning provisions of Ireland’s data retention laws.

It is believed that the appeal of the finding in Dwyer’s favour could be heard by the Supreme Court sometime in the next 12 months.

The State is appealing last month’s decision by Mr Justice O’Connor that Ireland’s current data retention laws contravene EU law because they provide for an indiscriminate retention regime.

As well as being an important ruling in respect to Dwyer’s appeal against his conviction, the State had argued the action also had major implications in relation to the authorities’ ability to retain, access and use information generated by mobile phones in the investigation of serious criminal activities.

At the High Court on Friday, Mr Justice O’Connor, after considering submissions from both sides in the case, said he was satisfied to make a single declaration in favour of Dwyer.

Dwyer was entitled to a declaration that section 6.1(a) of the 2011 Act, which allows data generated by mobile phone to be retained and accessed, was inconsistent with articles 7, 8 and 52.1 of the European Charter of Fundamental Rights.

The judge noted that there had been much agreement between the two sides in relation to the wording of the declaration and that a stay was to be placed on the declaration.

In his decision, he also noted that Dwyer’s lawyers have stated that the declaration was sought for use as part of his pending appeal against his conviction for the murder of Elaine O’Hara and was not some wider public interest point.

Mr Justice O’Connor also stated that, given the matter is to be appealed, the court’s ruling should not be used as a reason for retained telephony data to be destroyed.

The stay is to last until the first directions hearing of the proposed appeal. It would be a matter for the Supreme Court whether the stay should be continued from that point onwards.

The judge said he also prepared to make a recommendation under the Attorney General Scheme that Dwyer’s legal costs be paid by the State.

Dwyer, who denies killing Ms O’Hara, claimed that data gathered from his phone under the 2011 Act should not have been used at his 2015 trial before the Central Criminal Court.

Aodhan O’Faolain, Ireland International News Agency Ltd.