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

Jim O'Callaghan: Has any one done any surveys of the skill sets that exist among asylum seekers at present? If not, would that be a worthwhile process?

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

Jim O'Callaghan: Finally, does the commission regard effective access as including access to education and training in order for people to qualify to work?

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

Jim O'Callaghan: In many ways, this is quite a frustrating meeting because we are talking about the transposition of the directive into Irish law and none of us has a clue how it will be transposed. It is a bit like assembling a group to talk about a football match they have not seen.

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

Jim O'Callaghan: Yes, sometimes. I welcome the witnesses' enthusiasm in referring to the 17th recommendation of the Oireachtas Joint Committee on European Affairs but I suspect it is in the same position as the 16th, 15th and 14th recommendations. I do not think that will be of much benefit. The committee needs to write to the Minister. This is legislation and we have a responsibility in respect of it....

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

Jim O'Callaghan: Is the Irish Refugee Council concerned that if people have the right to work, and are working, they may lose their reception in direction provision centres?

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

Jim O'Callaghan: Is it the case that some asylum seekers are seeking access to the direct provision centres?

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2018: Second Stage (10 May 2018)

Jim O'Callaghan: I welcome that the Government has eventually commenced the process of transposing the fourth EU money laundering directive into Irish law. The directive dates from 2015 and I understand it should have been transposed into Irish law by 26 June 2017. We will be doing well if it is transposed into Irish law by 26 June 2018, considering the fact that it has to go through Committee Stage in the...

Data Protection Bill 2018: Report Stage (15 May 2018)

Jim O'Callaghan: It is important to recall that on Committee Stage the select committee did something novel when Deputies decided to introduce a provision in the Bill that would-----

Data Protection Bill 2018: Report Stage (15 May 2018)

Jim O'Callaghan: The Deputy may speak first, if she wishes. That is not a problem.

Data Protection Bill 2018: Report Stage (15 May 2018)

Jim O'Callaghan: I will hear what the Minister has to say first.

Data Protection Bill 2018: Report Stage (15 May 2018)

Jim O'Callaghan: We are debating a series of amendments. We need to go back to what happened on Committee Stage when we made the novel decision that instead of having a situation whereby regulations could be retrospectively disapproved of, we put a provision into the legislation whereby statutory instruments would have to be prospectively approved. It is a novel approach. It was a worthwhile approach for...

Data Protection Bill 2018: Report Stage (15 May 2018)

Jim O'Callaghan: Deputy Wallace is playing the role of Deputy Ó Laoghaire and I will now try to play the role of the Minister. In amendment No. 4, subsection (3) states that an investigation under section 10 of the Act of 1988 that was begun but not completed before the commencement of this section shall be completed in accordance with that Act. It is virtually identical to what is sought in Deputy...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: The three amendments under discussion all seek to provide greater protection for children under the Bill. Amendment No. 15 seeks to raise the age of digital consent from 13 to 16. I mentioned on Committee Stage that Fianna Fáil supports a digital age of consent of 16. I will not address that amendment today as my colleague, Deputy Thomas Byrne, will do so. I wish to address...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: One of the advantages of the amendment dealing with the digital age of consent is that we know, whether we go for 13 or 16 years, we are not going to be in breach of the GDPR because it goes out of its way to give a certain leeway to national states to decide the age at which they want to set it. I am not a Eurosceptic, but it does reveal the extent to which we operate with limited...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: I move amendment No. 15:In page 29, line 2, to delete "13 years" and substitute "16 years".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: 5 o’clock I move amendment No. 15:In page 29, line 2, to delete "13 years" and substitute "16 years".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: We took in Deputy Donnelly.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: This is an interesting amendment put forward by Deputies Clare Daly and Wallace. Since it was discussed on Committee Stage, I have had an opportunity to look in more detail at Article 22 on the issue of micro-profiling. It deals with decisions based solely on automated processing including profiling. It is worth pointing out that Article 22(3) gives specific recognition to the fact that...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: This group of amendments seeks to provide protection for the DPO. The objective of the amendments is to ensure that he or she is able to carry out his or her functions independently and without inappropriate interference by senior management or the person who has appointed them. Not only will a DPO have the benefit and advantage of the protected disclosures legislation but he or she will...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: It is important that, if there is a data breach, a person affected have an entitlement to seek a judicial remedy. This is provided for in section 116. However, amendment No. 100 tabled by Deputies Clare Daly and Wallace is not only novel but would also completely alter the way litigation was conducted. Currently, if someone is the victim of a data breach, he or she goes through the process...

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