Clare Daly (Dublin Fingal, Independent) | Oireachtas source

We have to put this matter in context. The legislation is torturous and complex not only for the committee but also will be for all organisations in society from now on. That is the reality with which we are dealing. The GDPR is being incorporated into domestic law, but the legislation does not implement it. Even if we did nothing, the GDPR would come into effect on 25 May. It is directly applicable and will supersede Irish law. We are dealing with exemptions, derogations and so on under this legislation. Much of the criticism of the Government has resulted from it trying to exempt itself from provisions and leaving the State open to litigation in other areas. Some of the measures we have proposed are intended to avoid that happening. It is complex and a mess. The addition of Part 5 which is essentially a different Bill in the middle of the legislation does not help either, but that is not the fault of the amendments.

The Minister is accepting amendment No. 36. Amendment No. 37 provides for a model similar to the German model. Mandating organisations to test their safeguarding measures regularly and keep their security systems up to date would not be onerous. A Minister could do it by regulation. It would hardly be a big deal, as it happens in other areas. However, we can revisit the issue. Perhaps it is the lateness of the hour and the complexity of the issues involved, but I was not fully clear on some of the points the Minister made in that regard. It is a mandatory element, but we will revisit the matter on Report Stage. We will withdraw amendments Nos. 38 and 42 on that basis, but with regard to amendment No. 43, I do not see what the problem would be in obliging the Minister to seek the advice of the commission before he drew up the regulations. He would not have to listen to commission officials, but if he did not, he should inform the Dáil as to why not. That provision would not be onerous and should be inserted. It would not make it torturous for the poor residents' associations which will be reading the legislation studiously.