Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It seems clear that the Deputies are trying to draw a distinction between regulations made under sections 48, 57 and 70, and those made under other sections of the Bill. In the case of regulations made under sections 48, 57 and 70, it is proposed that draft regulations be laid before the Houses and would not take effect until they had the approval of both Houses. Deputy Clare Daly described it as a bit dramatic. I do not believe that such a heavy approval procedure for regulations is justified. We see here a proposal to depart from the accepted practice and procedure for the purposes of drafting regulations in accordance with our legislative programme. I do not believe it is either necessary or proportionate to depart from accepted procedure.

In all cases, as is made clear by the relevant sections, the regulations will permit data processing only insofar as necessary and proportionate to the aim sought to be achieved. I draw members' attention to the threshold we have set out clearly in sections 48(6), 57(10) and 70. Any processing must be necessary for reasons of substantial interest.

It might be useful to look at some of the examples under the 1988 Act, which have been introduced over the years. I refer particularly to SI 426/2016, which was made to permit the processing of sensitive personal data by the Garda Commissioner for the purposes of assisting the Northern Ireland historical institutional abuse inquiry. Shortly thereafter SI 427/2016 was made to permit the processing of sensitive personal data by the Garda Commissioner for the purposes of the coroner's inquest in Northern Ireland into the death of Arlene Arkinson. Earlier SI 240/2015 was made to permit the processing of sensitive personal data by the Garda Commissioner in order to provide assistance to the coroner's inquest in Northern Ireland into the death of ten people at Kingsmill in County Armagh. SI 486/2011 was made to enable sensitive personal data to be disclosed and processed by the committee chaired by former Senator Martin McAleese to establish the facts of the State involvement in the Magdalen laundries.

Any regulations made under section 48 must be lawful, necessary and proportionate. Adherence with these thresholds will be overseen by the Office of the Attorney General when providing legal advice, as that office does to all Departments on the matter of the drafting of the content of regulations. In all cases the Departments concerned will be required to consult with my office and also with the data protection commission.

I believe we have sufficient safeguards. I am not convinced that the onerous and cumbersome procedure outlined in the amendment is either necessary or justified.