Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I am on record as being the first person in the House to object to the data protection legislation when it was introduced, on the basis that it attempted to be selective in the way information was sought and got. My argument, then and now, is that we were all given leave by the electorate to raise any issue that was within our rights to raise. That is virtually every issue. We have to use our judgment. We have to respect privacy and so forth.

However, by and large, the European Union in its promotion of GDPR was following other European countries many of which had ministers that had never been elected, a bit like the American system. It rightly applies to people who were never elected. It does not apply, however, nor should it be made apply to elected Members of the Houses of Parliament.

I have been asked, as I am sure other public representatives have, if we have the permission of the individual or the group to raise the issue. What if we do not? If we were complaining about the individual or group, would we have to get permission from them to raise the issue in that way? What do we have to do?

All in all, giving the individual, Department or group that might be at odds in terms of sheltering behind the legislation an order not to give the information that is necessary adds up to a delay and slows down the process. It continues to happen, as we speak. The need, first, last and always, is to observe the right of an elected Member of Parliament to raise an issue in the House on any subject, or to raise an issue on behalf of or against a constituent, on behalf of the electorate or anybody within the House. Intervening to that extent is an interference with democracy. It does not work. It never should have worked.

A situation is developing whereby freedom of information is used as a means of getting information and dealing with issues. That should never be the case. Elected Members of Parliament are predetermined to raise the issue on behalf of their constituent at any time that they see fit. It should not follow that we have to get anybody's permission to raise the issue. That impedes the progress of any investigation that might follow.

There is an increasing danger that to achieve speed in terms of efficacy and efficiency, about which I am not so sure, we should in some ways curtail the rights of Members of Parliament to raise and deal with the issues with which they were elected to deal.