Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I do not propose to accept this amendment either. Members will appreciate that the regulations under this section will only be required in the event of a no-deal Brexit. As is clear in section 83, the power to make such regulations is already subject to the circumstances as and when the transfer of data is required, and crucially only when the circumstances set out in that section arise. I can also assure Members that any regulations, should they be made, will comply with the requirements of our general data protection regulation, GDPR. The provisions of this Bill on this matter have been carefully drafted after extensive legal advice to ensure that we have absolute certainty about the making of social welfare payments in the event of a no-deal Brexit.

Amendment No. 50 introduces a number of legal concerns and ambiguities around the process of making these regulations. It makes it unclear as to how the amendment would operate and what the obligations of the Minister might be in the light of what the Dáil itself would be required to do. My concern is that this would leave the process vulnerable to challenge and, in doing so, would create unnecessary risks around the operation of the provisions and compliance with our GDPR regulations.

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