Oireachtas Joint and Select Committees
Tuesday, 3 November 2020
Joint Oireachtas Committee on Children and Youth Affairs
Sustainable Development Goals and Departmental Priorities: Minister for Children, Equality, Disability, Integration and Youth
Roderic O'Gorman (Dublin West, Green Party)
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I thank the Senator for those remarks. Regarding the rush on the legislative side of things, from day one I acknowledged that this was not the way I wanted to proceed. The sole reason for the rush was the need to get this legislation passed by the 30 October deadline to ensure we could protect the database. That was the sole reason for the rush. In all the items of legislation I have outlined, both orally and in the table provided to the committee, I see no need for rush. I look forward to engaging with the committee in pre-legislative scrutiny, further scrutiny and strengthening future legislation through that process, which I believe the process does.
On the consultation, I have acknowledged and apologised for my failure to consult adequately with survivors' groups. I am engaging, as I said already this week, to meet survivors' groups - both individual survivors and groups as well. This will be an ongoing process which will inform how I address all of the legacy issues in future.
On the data protection issues, this ties in with what Deputy Sherlock was asking earlier. The advice of the Attorney General on the application of the GDPR to the archive when it comes to my Department is significant. I have committed that my Department will engage with the Data Protection Commissioner to flesh out the implications of that for my Department. This will include how we will treat each individual data access request. In the context of the DPIA which we had already done on the original Bill, now the Act, we will now need to broaden that DPIA out to consider this element of the application of the GDPR to the archive and the implications of the Commissions of Investigation Act 2004. We will happily make that available; it is a living document, as I understand it. I think we made a version of the DPIA available to Senators earlier in the process. I am happy to engage with Tusla so that it might take a similar position as well. I have already spoken to the chief executive of Tusla setting out some of the issues around the application of GDPR to this area. We are very aware that in light of the Attorney General's advice, we need to go back to the Data Protection Commissioner and discuss the real-world implications of that advice for my Department, particularly when survivors are coming with their subject access requests, to ensure that we treat them in a dignified manner.