Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 18, line 7, to delete “subsection (2) of section 8.” substitute “subsections (1)(b), (2) and(3) of section 8.”.

I wish to express my appreciation to Deputy Ó Laoghaire for amendment No. 6 and for drawing attention to the need for the data protection commission to complete investigations already commenced by the commissioner. I am not going to accept amendment No. 6 because it seems to inadvertently delete subsection (4) from the section. I ask Deputy Ó Laoghaire to acknowledge my amendments Nos. 3 to 5, inclusive, which will achieve the objective in any event, resulting in the situation where the Bill makes it clear that all investigations commenced by the commissioner must be completed by the commission.

Amendments Nos. 4 and 83 serve another purpose. The new paragraph (b) in section 8(1) will mean the 1988 Act provisions will continue to apply to the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 and the recently enacted Vehicle Registration Data (Automated Searching and Exchange) Act 2018, which deal with the Prüm measures are not affected by the law enforcement directive which is referred to in Article 60 and Recital 94 and is adequately dealt with.

I am happy to listen to the concerns of Deputy Ó Laoghaire but our amendments deal with the import of his amendment No. 6. I acknowledge that this amendment goes a little bit further than the Deputy may even have intended himself.

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