Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Again, the Deputy will not be surprised that I cannot accept the amendment. Its effect would be to remove the need for the head of the national unit to be satisfied that information provided would not be further disseminated without the prior consent of the unit. In theory, the amendment could result in a scenario where although the head of the national unit may receive a guarantee with which he or she, for whatever reason, is not satisfied, he or she would be required to provide the data in question. However, under the current wording, where the head of the national unit is not satisfied, for whatever reason, prior consent will be sought for the further transmission of data. He or she will not be permitted under the legislation to transmit the data. There are numerous similar examples on the Statute Book, requiring all courts, judges, Ministers, officeholders, officials, etc, to be satisfied about particular information. The important element is the mindframe of the decision-maker. It is that person who must be satisfied about particular information. There are also several similar provisions on the Statute Book in so far as provision is made for the State to co-operate and exchange information with other states.