Pat Gallagher (Donegal, Fianna Fail)
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On the first matter to be taken, I refer Members to Standing Order 59(3) which states, "A matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal". I know all Members will take this into consideration.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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I am disappointed that the Minister for Communications, Climate Action and Environment is not present. I am a member of the joint committee which is shadowing his Department and wanted to refresh his memory regarding a number of discussions we had about the proposed takeover of Celtic Media early in 2017. It is obvious to everybody that the implications of what is going on in respect of the operations of the Office of the Director of Corporate Enforcement, ODCE, and the proposed takeover by Independent News & Media, INM, are huge and will probably mean that in the long run there will be a serious outcome for the State and the Government. This is not just down to an individual, whether he or she is on the side of corporate media or a Minister in the Government, it is also reflective of a culture in which the State and corporate bodies work for, and in protection, of each other. This should emerge from the current investigations. Rather than just the detailed finger wagging at each individual incident, it is important that the investigations expose to the people and the body politic what many instinctively know, that the wealthy and powerful who hold huge influence, particularly in media circles, get favourable treatment from the State, not just from the current Administration but also from previous Administrations and many people in the body politic in general. I would like the Minister to address these comments.

Catherine Murphy (Kildare North, Social Democrats)
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When I tabled the matter, I referred to the implications of recent and escalating developments regarding INM based on the ODCE's investigation into the company. At the time I was referring to the significant concerns about what could only be considered as the hacking of emails, which potentially compromised huge numbers of journalists and their sources, and had major implications in terms of damage to the independence of media and the protection of journalism. However, I cannot ignore the most obvious escalating development, the involvement of the Minister for Communications, Climate Action and Environment in this issue. On 6 December 2016, in reply to a priority question, he told me that he had only commenced the phase one assessment of the takeover on 24 November 2016, that his officials had not yet made any decision and that he had 30 days in which to make a decision on three options, one of which was potential referral to the Broadcasting Authority of Ireland, BAI. He stated: "I have not received the report from my officials yet." The Director of Corporate Enforcement's affidavit states a month earlier, on the afternoon of 11 November, the Minister personally told a representative of Heneghan PR that he would refer the proposed merger to the BAI based on the advice of his officials. Heneghan PR which is headed by Nigel Heneghan is an adviser to Leslie Buckley and spokesman for INM and a member of the BAI's compliance committee. A PR firm employed by INM with close ties to all of the main protagonists in INM made direct contact with a Minister and was made privy to a decision, about which I as a parliamentarian was told weeks later had yet not been made. The repercussions are stunning, not least in respect of the implications for potential market manipulation and insider dealing but also the questions it raises about corporate governance within INM and the axis of power between major shareholders of INM and the Minister's Department.

Charles Flanagan (Laois, Fine Gael)
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I echo the Taoiseach's remarks about the importance of a free media in a functioning, healthy democracy. Furthermore, I must clarify that, as Minister for Justice and Equality, it would be highly inappropriate to refer to matters currently under investigation by relevant authorities or connected to the subject matter of ongoing court proceedings, to which the Leas Cheann-Comhairle referred.

The Data Protection Commissioner is the independent supervisory authority with responsibility for upholding the EU fundamental right of the individual to have his or her personal data protected. The Office of the Data Protection Commissioner was established under the 1988 Data Protection Act. The commissioner holds the responsibility for upholding the rights of individuals, as set out in the Data Protection Acts, and also for enforcing the obligations that arise from the legislation on data controllers. While the commissioner is appointed by the Government, she is independent at all times in the exercise of her functions. Individuals who feel their rights are being infringed can complain to the commissioner who will investigate the matter and take whatever steps may be necessary to arrive at a resolution. The commissioner has statutory powers to undertake investigations into complaints from individuals and enforce compliance with data protection requirements. The office also conducts on-site inspections arid audits of data protection in both public and private sector organisations

The Data Protection Bill 2018 is before the Oireachtas, with Second Stage being debated in the House this week. The purpose of the Bill is to give further effect to the general data protection regulation, GDPR, in areas in which the regulation gives member states a margin of flexibility and to transpose the accompanying law enforcement directive into national law. It will take effect on 25 May. The legislation will strengthen the independence, structures, functions and powers of the data protection commission. The new EU legal framework confers significant responsibilities for the protection of personal data on both data controllers and data processors.

In her most recent annual report the Data Protection Commissioner outlines that a total of 2,795 valid data security breaches were recorded by her office last year, representing an increase of almost 26% on the numbers of breaches reported during the previous year. The GDPR provides for mandatory reporting of personal data breaches to data protection authorities, unless a breach is unlikely to result in a risk for the rights and freedoms of individuals. The controller must report such data breaches without undue delay and, where feasible, not later than 72 hours after becoming aware of it. The report must identify the likely consequences of the breach and the measures taken, or to be taken, to mitigate adverse effects for individuals. Under the GDPR and the new legislation, public and private enforcement of data protection is set to increase. The scope of compensation claims arising from infringements of data protection rules will also increase, resulting in higher levels of private enforcement activity.

I welcome the legislation and seek the co-operation of Members in passing it. I am not in a position to comment on issues before the courts or related to a legal investigation, either inside or outside the House.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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That is the best exercise in deflection that I have ever seen. The question here is not about the new legislation coming in on 25 May but what has gone on in the recent past in this House. The Minister started by saying that he, like the Taoiseach, believes in the free media and a functioning, healthy democracy. There are two things I would like to say about that. The media are not free and this democracy is not healthy. It does not even function as a democracy. If the media were free, why does Ireland have a higher concentration of media ownership than most other countries with one key individual, whose name can never be mentioned, whether at committee or in this Chamber, owning the Sunday Independent, Sunday World, Evening Herald, and having a stake in the Daily Star, The Kerryman, Drogheda Independent, Wicklow People, Wexford People, Waterford Peopleand many radio stations such as Newstalk and Today FM? That is power and control. That is a very wealthy individual whose name cannot be mentioned in these Chambers who has strong links with the State, so much so that every time there is an important function happening, such as at Davos, or the New York Stock Exchange, he appears with key members of this Government. That friendly relationship has helped him to secure influence and has continued to help him exist. That needs to be challenged.

Pat Gallagher (Donegal, Fianna Fail)
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The Deputy is infringing on Deputy Murphy's time. Deputy Murphy has one minute.

Catherine Murphy (Kildare North, Social Democrats)
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The Social Democrats believe that the Minister, Deputy Naughten, has no choice but to recuse himself from any role in media regulation. Legitimate concerns have been raised regarding the relationship between key players and media business in Ireland. The Minister has a quasi-judicial function in this. It is part of the reason he would not reply to me in this House when he was giving information to somebody on behalf of one of the key players. That requires an answer here. I also take exception to being misled yet again in this Dáil when I asked a parliamentary question. I believe I was misled in respect of those replies on 6 December 2016 when someone else was told that the decision was already made. The Minister needs to address that.

Pat Gallagher (Donegal, Fianna Fail)
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Members should refrain from being misled.

Charles Flanagan (Laois, Fine Gael)
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I want to make it clear that the issue which I am addressing is what is before me, which is the Office of the Director of Corporate Enforcement, ODCE, investigation into a potential data breach within the company. I take it the company is Independent News and Media, INM. I have already stated that these are issues that are under investigation from a number of sources, in particular the Data Protection Commissioner. As Minister for Justice and Equality, I respect the independence of the Data Protection Commissioner. I assure the House that the Government of which I am a member has steadily increased the resources allocated to the Data Protection Commissioner. Funding has increased to approximately €11.7 million for this year, up from less than €2 million in 2014. This additional funding has facilitated the recruitment of additional staff, both legal and technical, and experts of an investigative nature. Staff resources have tripled from 30 in 2013 to almost 100 in 2014.

Ireland became the first member state of the European Union to appoint a Minister with special responsibility for data protection. This portfolio is held by the Minister of State, Deputy Breen. Further, an interdepartmental committee on data issues was set up two years ago to provide a platform for Departments to discuss issues of a legislative nature and implementation challenges arising from European legal advances in this area. Meetings are held regularly in the Department of the Taoiseach, and that committee's work is ongoing. It is important to understand that proposals for legislation respond to evolving jurisprudence in this country and across the European Union. I wish again to respect the independence of the offices that are undertaking investigations and it would be entirely imprudent, as the Leas-Cheann Comhairle would be the first to inform me, if I were to depart from that very important legal directive.