Results 7,281-7,300 of 9,316 for speaker:Jim O'Callaghan

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I will push the other amendments.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: The Minister of State's point is valid in so far as it relates to a draft report, but I do not think it is valid in the case of a final report. Unfortunately, section 137 links the draft report and the final report. I will wait to hear what Deputy Wallace has to say.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Okay. I will come back to this matter on Report Stage. I think the complainant should be given some access to a final report. Perhaps the Minister of State will try to consider that in advance of Report Stage. I can understand why a complainant might not be entitled to a draft report, but I see no basis for providing that a complainant should not be entitled to the final report.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I think the argument that a complainant should not be allowed to get a draft report has some validity. I appreciate that the processor or controller is entitled to look at a draft report and point out what is wrong with it in advance of the completion of the final report. Rather than pushing these amendments now, I will consider them again in advance of Report Stage. I ask the Minister of...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Yes.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 192:In page 120, to delete lines 12 to 14 and substitute the following:“(5) A decision of the Commission under Chapter 2 and 3 may, within 28 days from the date on which notice of the decision is received by him or her, be appealed to the court by the person concerned.”. Section 148 deals with an appeal to the courts arising from a decision of the Data...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: As a decision can be appealed on a point of law, the appeal is limited in the first instance. However, a person must obtain the leave of the relevant court. Obviously in such circumstances, the judge who heard the case will not have found in favour of the plaintiff. The person who takes the case should be able to appeal. As matters stand, the judge who rejected his or her case can also...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Yes. This refers to an appeal to the Circuit Court and a subsequent appeal to a higher court. I will withdraw amendment No. 192 and press amendment No. 193 to a vote, if necessary.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 193:In page 120, line 38, to delete “, by leave of that Court,”.

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: The Bill has been passed.

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: Let us pass it first.

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: I support this interesting and innovative amendment by the Minister. It is innovative because it seeks to amend our money laundering legislation to include in its definition of criminal conduct acts of corruption which we have established under this legislation have been carried out by foreign officials. In particular, it seeks to identify criminal conduct as including the criminal offence...

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: I will support the amendments. If a person receives a gift, a consideration or an advantage in return for an act of corruption, one of the penalties should be that that gift, consideration or advantage be seized. However, the way the legislation was drafted initially indicated that the gift could be seized if it had been offered or there had been an agreement to give it. In that situation,...

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: An raibh an t-Aire ag éisteacht ar maidin?

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Jim O'Callaghan: I welcome the amendment put forward by the Minister. We will support it. As the Minister indicated, this is a proposal that we put forward on Committee Stage. I am now on a very technical reading of the Bill as it was drafted. When one looks at Schedule 1, under "Irish Public Bodies", in paragraph (j), there is a reference to "a local authority". However, I think because of history and...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: Taking sections 39 and 40, if we are to define scientific research purposes, we should also define historical research purposes, statistical purposes, academic, artistic or literary expression. One cannot have just one definition of one type of exemption. A court which looks at it will know what scientific or historical research is. If it is the data commissioner, they should be aware of...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: We will look at it. I cannot give a guarantee.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: It is important to remember that when a Minister makes a regulation, he is making law. We refer to it as being secondary legislation, but in effect any Minister when signing a statutory instrument is changing the law. It is common in every Act that a Minister may make regulations pursuant to the purposes of the Act. Deputy Daly's amendment is not enormously controversial. The first part...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: I move amendment No. 11:In page 16, to delete lines 14 to 16, and substitute the following:"(5) Subject to subsections (6) and (7)*, the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose.". There are two amendments in my name in the grouping, namely amendments Nos. 11 and 14, both...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: We are discussing the appointment of three people to be commissioners on the data protection commission. It goes without saying that they have to have expertise and to be people who are suitably qualified and understand the whole area of data protection. I know in certain areas of life and indeed government, there is a tendency to try to get away from expertise but expertise is required in...