Mr. Ian Drennan:

Please bear with me while I check head 18. It references disclosure of information to the authority. That is for the most part a re-enactment of the extant legislation. We have a statutory duty of confidentiality and it flows both ways. We can provide information to certain other parties where there is a reason to do so. For example, we can share information with An Garda Síochána if we are satisfied it is relevant to its remit. Head 18 is already on the Statute Book and it permits certain other entities to share information with us. In terms of the way in which that is constituted, I do not think we have anything in particular to say on that. We are quite happy we do not experience on a frequent basis a difficulty with having other people share information with us. Typically, they tend to be professionals, such as other regulatory bodies, law enforcement bodies or professional bodies. We do not have any particular issues with that. There are certain mechanisms in place whereby we can share information with entities outside the State and that is done through mutual legal assistance and other mechanisms like that. We can co-operate with police forces and other entities in other jurisdictions.

Deputy Stanton’s third question was about flexibility. What we have sought to do is highlight and incorporate in our comments certain areas where we think a corporate enforcement authority could be further enhanced in terms of its effectiveness by way of statutory amendments. Having said that, and as I set out in my submission, the Bill is for a particular purpose. The question we were asked by the committee was whether we believed it was fit for purpose and our answer is yes. Clearly, what gets legislated for in due course is a matter for the Minister, the Government and ultimately the members as legislators. I do not think that any piece of legislation can ever entirely future-proof an organisation.

As was talked about earlier, digital forensics, information technology and all those areas are evolving at a very fast pace. My colleague, Ms Gunn, referenced earlier on privacy and the sort of issues that arise there. That is a moveable feast as well and will evolve over time.

Can I guarantee that we will never be going back to the political system looking for amendments? No, but I do not think any other regulatory or enforcement entity could do so on the basis that things evolve. Deputy Stanton's second question, which I am taking last, is on members of the authority. That is clearly a policy matter for the Minister, the Government and ultimately for the Legislature. It would not be appropriate for me to comment on that.