Clare Daly (Dublin Fingal, Independent) | Oireachtas source

Our amendments are similar to Deputy O'Callaghan's except that we add two further criteria to the process of appointing a data protection commissioner. Deputy O'Callaghan's wording in amendment No. 11 is better than ours in amendment No. 12. As such, we will not press our amendment No. 12 but will rather support his amendment No. 11. They are trying to achieve the same end.

The amendments propose to make it an explicit requirement that an open competition for the position of data protection commissioner would be held. For the purpose of the process, we propose that the PAS must appoint someone from the European Data Protection Supervisor to the selection panel. Deputy O'Callaghan's proposal is more or less the same except that he proposes it should be someone nominated by the European Data Protection Board, which, when it is formed, will consist of the heads of the data protection authorities in each member state. We are somewhat agnostic as to which body would be better placed to nominate someone to sit on the selection panel. However, we have a concern that if it is someone from the EDPB, it could be just the incumbent Irish Data Protection Commissioner rather than an outsider. We are trying to get an outsider onto the selection panel. That is not a matter of disrespect to anyone in Ireland, but is rather to get some fresh blood and fresh thinking into the appointments process. That will be particularly important for this role. A similar provision exists in the IHREC legislation around the appointment of members. I presume that was inserted because of the huge importance of the organisation which deals with issues with a European and international context. We have to see this in the context of the unique importance of the job given the number of companies located here which we will have to monitor.

The other two amendments are on the detail of advertising vacancies and a provision that no one should be appointed unless the Public Appointments Service and the Government agree he or she is suitably qualified for such an appointment by reason of possessing such relevant experience, training or expertise as is appropriate having regard in particular to the functions conferred under this Act. We presume it is intended to advertise vacancies publicly, but the fact that is not specified is a concern.