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

Jim O'Callaghan: I intend to push amendment No. 181, which relates to investigation reports. This section of the Bill does not state that an investigation report should be given to the complainant. It simply provides that such a report should be given to the processor or controller. I think the complainant should also get a copy of the report. Amendments Nos. 181 to 184, inclusive, are being proposed to...

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,”.

Gambling Control Bill 2018: Second Stage [Private Members] (9 May 2018)

Jim O'Callaghan: I move:"That the Bill be now read a Second Time." I am sharing time with Deputies Jack Chambers, O'Loughlin, Michael McGrath, Cassells and Aylward. I am speaking for five minutes.

Gambling Control Bill 2018: Second Stage [Private Members] (9 May 2018)

Jim O'Callaghan: We have organised the time among ourselves. I welcome the opportunity to open the Second Stage debate on the Gambling Control Bill 2018. As Members will be aware, this legislation was introduced to the House by my colleague, Deputy Rabbitte, on 21 February last. I commend Deputy Rabbitte and Deputy Jack Chambers, who have been instrumental in moving this legislation forward and bringing...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: I thank the witnesses for appearing before the committee and commend them for intervening in the N.H.V. case. It was an important thing to do. I believe the Irish Human Rights and Equality Commission should stick its nose into big cases like that in the future. This directive is to be transposed into Irish law by way of secondary legislation. I know that is common for most directives....

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: It makes our task here very difficult because-----

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Although it is legislation and it is law, we have no real involvement in it. We get to see it for the first time at the same time as Ms Logan. The capacity to retrospectively disapprove of secondary legislation has never really been engaged.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Does the commission believe that the interim measure that has been put in place by the Government provides effective access?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: One of the examples of not having effective access mentioned by Ms Logan is the restrictions on the sectors in which asylum seekers may work. I ask her to elaborate on that. What is the commission's concern with regard to restrictions on sectors that may be applied in the statutory instrument?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Are there examples in other countries of asylum seekers being precluded from seeking access to certain sectors?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Asylum seekers are told they can only look for work in certain areas and not in other areas. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: What are the barriers to asylum seekers starting up in self employment, apart from money? What are the State barriers?

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