Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I might also speak to my own amendment in this grouping, No. 145. Before I get into the specifics of the amendment, I will address the issues Deputies Costello and Ó Ríordáin have raised. There can be no tolerance for the sort of conduct both Deputies referred to within An Garda Síochána. Without getting into the individual case, I share Deputy Ó Ríordáin's general sense of revulsion with regard to any such act. This is an issue the Garda Commissioner takes extraordinarily seriously. Again without commenting on any specific situation, I know these matters are always absolutely fully investigated. Swift action should be taken to mete out sanctions to anybody engaging in this practice, particularly when it relates to very sensitive, upsetting and traumatic information whose circulation can have an impact. I acknowledge that at the outset.

With regard to the specific amendments, which have been grouped because they relate to data protection, although they are quite different in nature, the amendment Deputy Costello has tabled clearly concerns the experience and expertise of a person. These are people who would be appointed to the board of An Garda Síochána by the Minister, having come through the Public Appointments Service, PAS, under section 16. The Deputy is seeking to add data protection to the list of matters that a person recommended by PAS should have experience of and expertise in. He has somewhat guessed my answer because, as drafted, the provision provides for experience and expertise in "organisational governance, management or public administration". The subsection in question refers to general management and governance experience. While I will be clear that data protection is a very important area of experience in and of itself, I consider it to be more specialised than the types of experience intended to be covered by this subsection. If we were to put it in, why would we not be more prescriptive in other areas? It opens a significant Pandora's box. Data protection is extraordinarily important and there are obligations on An Garda Síochána under the Data Protection Act 2018 to appoint a data protection officer. Of course, that person is available to the organisation and the board to provide expertise in this area and has specific responsibilities under the existing Act, which include a requirement to report to the Data Protection Commission. In these circumstances and given that I do not wish to place an overly prescriptive legal requirement with regard to board membership in the Bill, I do not propose to accept this amendment. Of course, one imagines these are all things a Minister would consider as names come through PAS.

I propose the second amendment. Section 260 provides a statutory basis for the sharing of documents and information, including personal data, in accordance with the law, between An Garda Síochána, the policing and community safety authority and the office of the police ombudsman. This sharing may be carried out for the purpose of the performance of their respective functions where to do so is in accordance with the law, necessary and proportionate. In addition, the section provides for the Minister to prescribe additional bodies for the purpose of the reciprocal sharing of information between a relevant body and such a prescribed body for the purpose of the performance of their respective functions. I am advised that, as published, sections 260(1) and 260(2) allowed for information to be shared where it was for the purpose of the relevant body or the prescribed body that was actually sharing the information but not for the purpose of the receiving relevant or prescribed body. This was never the intent of the provision, which was meant to capture the purpose of either or both of the sending and receiving bodies as the basis for sharing information. I am bringing forward an amendment here that simply tries to address the original policy intent. My officials have consulted with the Data Protection Commission, which has raised no concerns in this regard. Deputies may also wish to note that I am now assessing whether there may need to be minor technical amendments to this section to ensure that it fulfils its intended purpose. If necessary, I may return to this section on Report Stage.