Brendan Howlin (Wexford, Labour) | Oireachtas source

The conversation has been extremely helpful to date and shows that we need an awful lot more of it. I will make an observation and ask three questions.

The observation is as follows. In response to the Chair's question to Mr. Kelleher, I think, having been here a long time, that Departments sometimes feel they are the legislators and we are here simply to rubber stamp. An evolving situation should involve us, as the Oireachtas, and the general public, so we are all party to the development of something that will impact on every citizen's life. It is an invidious situation that, at the end of a long process involving nine drafts of a Bill that nobody here ever saw, we are expected, as the Legislature, to simply accept all the complexities of the evolution. I hope, in general terms, we might have better engagement from an earlier stage in these things.

It goes to the point Deputy Costello made. Our concern is to make sure we have robust legislation enacted that gets the balance right between European Court-mandated rights of citizens and ensuring the gardaí have the best possible capacity to fight crime. We do not want a serious investigation to be undermined at some future date by a repetition of a court case. That would be very worrying.

On the requirement for consultation with the DPC, the deputy commissioner has said he received the general scheme eight days ago and the updated Bill 24 hours ago. Does Mr. Kelleher think that is adequate? That is my first question. I have a related question on complying with Article 35 of the general directive on data protection. There is a requirement under that for a data protection impact assessment. Has that been complied with in the presentation of this Bill?

My third question relates to a question asked previously. Overarching legislation is being developed which will be more intricate and complex. Is it Mr. Kelleher's view that it would be appropriate, in these circumstances and given all the concerns raised by the people who have given submissions to us to date, that this legislation should have a sunset clause enacted and be overtaken by the more comprehensive legislation when we have time to introduce it?