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Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: Amendments Nos. 8 and 13, as outlined by the Deputy, would add to the grounds for a refusal of assistance to Europol by including the jeopardising of the human rights of a person. Amendment No. 8 is to section 5 and seeks to add new grounds for a refusal to those already listed as reasons to refuse the provision of information for Europol, as set out in subsection (2) of the section. The...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 9: In page 6, subsection (2)(a), line 17, to delete “or”.The two amendments are technical. Amendment No. 9 to section 6(2) removes the word "or" where it appears between paragraphs (a) and (b) of the subsection. As discussed on a previous amendment, this confirms that the Garda Commissioner is not limited to only sending Garda or Revenue officers to...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 10: In page 6, subsection (2)(b), line 21, to delete “(if any)”.

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: Again, the Deputy will not be surprised that I cannot accept the amendment. Its effect would be to remove the need for the head of the national unit to be satisfied that information provided would not be further disseminated without the prior consent of the unit. In theory, the amendment could result in a scenario where although the head of the national unit may receive a guarantee with...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I am refusing to accept the amendment as it is not necessary. Section 10, which it seeks to amend, clearly provides for the deletion of data under subsections (1)(a) and (b). This is simply a drafting matter.

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 16: In page 8, subsection (1), lines 44 and 45, to delete "access and receive" and substitute "input, access and retrieve".This is a straightforward amendment. Section 11 provides for access by the State to the Europol information system and in doing so gives effect to Article 13 of the Council decision. However, the existing subsection (1) refers only to the right of...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 17: In page 9, subsection (1), lines 17 and 18, to delete all words from and including "crimes" in line 17 down to and including "combat" in line 18 and substitute "criminal offences or".This is a drafting amendment which substitutes the phrase "criminal offences" for the word "crimes". This relates to offences which Europol is competent to prevent and combat. Criminal...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 19: In page 9, subsection (2), line 20, to delete "Any restrictions" and substitute "Subject to subsection (3)*, any restrictions".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 20: In page 9, subsection (2), line 21, to delete "or a communicating third State" and substitute the following: ", a communicating third state or a communicating third body".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 21: In page 9, lines 23 to 25, to delete subsection (3) and substitute the following: "(3) Where a court in the State, a legislative body or another body established by statute proposes, when supervising a designated competent authority to waive in accordance with law a restriction placed on information received from a communicating Member State, a communicating third...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 22: In page 9, subsection (4), line 27, after "State" to insert the following: ", a communicating third state or a communicating third body".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 23: In page 9, subsection (1), lines 31 and 32, to delete "Data Protection Commissioner" and substitute "head of the national unit". Amendments Nos. 23, 24, 25, 25a and 27 seek to streamline the manner in which individuals seek access to personal data processed by Europol. Under the existing provision, a request for access to personal data would be submitted to the Data...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 24: In page 9, subsection (2), lines 33 and 34, to delete "Data Protection Commissioner" and substitute "head of the national unit".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 25: In page 9, lines 38 to 40, to delete subsection (3).

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 25a: In page 9, subsection (4), lines 41 and 42, to delete "subsection (3)" and substitute "subsection (2)".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 27: In page 9, subsection (5), lines 46 and 47, to delete "designated competent authorities" and substitute "national unit".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 28: In page 10, subsection (7), line 12, to delete "authorities" and substitute "authority concerned".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 29: In page 10, subsection (8), to delete line 15 and substitute the following: "to a person by a legal or factual error in data processed by Europol,".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 30: In page 10, subsection (1), line 31, after "of" to insert the following: "any of the following persons in the performance of their functions as".These are minor drafting amendments. Section 15 applies the Official Secrets Act to the persons listed in subsection (1) of that section which includes the director of Europol, a member of the management board, etc. The...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: l move amendment No. 31: In page 10, subsection (1), line 43, to delete “facts or”.

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