Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

It is appropriate that one should be able to process personal data for the purposes of substantial public interest. The Minister has given examples. In recent days, we have seen other issues that have arisen which may result in an investigation. That also illustrates an example of how, on occasion, the processing of personal data is necessary on the basis of substantial public interest. I will support the Minister's amendment No. 71. The amendments put forward by Deputies Daly, Ó Laoghaire and Wallace seek to put further obstacles in the way of regulations that are to be made by the Minister under section 48.

We need to remember that we did something quite novel yesterday. We introduced an amendment that requires the Minister to seek prospective approval from the Houses of the Oireachtas before he introduces these regulations, so if he decides to introduce regulations in accordance with section 48, he has to lay them before the Houses of the Oireachtas. He has to do that because it is a form of secondary legislation. Law is being made. I would be concerned about handing out these regulations to get the approval of some unelected official, such as a data protection officer or another public authority that will then assess whether they think it is necessary or proportionate for laws to be made. We keep delegating our responsibility. Regulations and statutory instruments are a delegation of legislation. They go to the Minister but they are still legislation, which is why, yesterday, we wanted to have prospective approval of those regulations. I will not support putting it out to some other unelected individual who will have a process for recommending them or giving an assessment. We, as legislators, need to say that it is our responsibility to make laws, that we will see them and if we do not like them, we can vote them down.