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Written Answers — Department of Justice and Equality: Garda College (21 Mar 2018)

Charles Flanagan: As the Deputy will be aware under the Garda Síochána Act 2005 it is the Garda Commissioner who is the Accounting Officer for the Garda Vote and is in law responsible for ensuring that the appropriate controls apply to expenditure within the organisation. The European Anti-Fraud Office (OLAF) is an organ of the European Union and is independent in the performance of its...

Written Answers — Department of Justice and Equality: Ministerial Staff Data (21 Mar 2018)

Charles Flanagan: Insofar as non-civil service appointments are concerned I can confirm that I have two special advisors - Ms Sarah Kavanagh and Mr. Tom Fabozzi. Both advisors are remunerated on the Principal Officer standard pay scale (PPC).  The appointment of both advisors was conducted in line with the guidelines from the Department of Public and Expenditure and Reform on Ministerial...

Written Answers — Department of Justice and Equality: Visa Applications (21 Mar 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was refused on the 1 November 2017, and the applicant was advised accordingly. The applicant was also advised of their right to appeal the decision but an appeal was not submitted. While it is open to any visa required national to apply for a visa for any...

Written Answers — Department of Justice and Equality: Court Judgments (21 Mar 2018)

Charles Flanagan: As I stated in response to the Deputy's previous question, I am aware of the case to which he refers.  As I also stated then, the award in this case was made by the Supreme Court. While I should emphasise that I was not a party to these proceedings and am not a party to any discussions aimed at resolving the issues, I have had further enquires made with the Chief State...

Written Answers — Department of Justice and Equality: Garda Strength (22 Mar 2018)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of...

Written Answers — Department of Justice and Equality: Refugee Resettlement Programme (22 Mar 2018)

Charles Flanagan: Persons granted international protection status (refugee status or subsidiary protection status) can access State provided supports and services on the same basis as nationals. This includes full access to the labour market, education, healthcare and social housing assistance, where the established eligibility criteria are met. Eligibility is assessed by the relevant local authority....

Written Answers — Department of Justice and Equality: Legislative Measures (22 Mar 2018)

Charles Flanagan: I wish to advise the Deputy that the Enforcement of Court Orders Act 1926 sets out the functions and powers of the Sheriff.  Section 12 of the Court Officers Act 1945 relates to the appointment of the Sheriff. I should add that section 133 of the Land and Conveyancing Law Reform Act 2009 abolished the sheriff’s powers to seize a tenancy under a writ of fieri facias or other...

Written Answers — Department of Justice and Equality: Court Accommodation Provision (22 Mar 2018)

Charles Flanagan: As the Deputy is aware, under the provisions of the Courts Service Act 1998 management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it is...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I do but when the Leas-Chathaoirleach said, "There is no need for respect."-----

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: -----let me offer my respect to the Chair and, indeed, to the Members of the Upper House. In accordance with the Leas-Chathaoirleach's implied, if not expressed, suggestion, I will be brief. Amendment No. 1 inserts a definition of "political party" in section 2 of the Bill, while amendments Nos. 25, 38 and 39 replace sections 43, 53 and 54 with updated text. These three sections contain...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I will not accept amendment No. 26 which would delete section 43 in its entirety, nor will I accept amendment No. 27 because it would remove the reference to Referendum Commissions.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I do not see the added value of amendment No. 28 which refers to a private or commercial company, which is not defined in the amendment. Section 43 confines the processing of data revealing political opinions to candidates, political parties, holders of or aspirers to elected office in the State and the Referendum Commission. In conclusion, I fear that amendments Nos. 29 and 30 are based on...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: It is the bread and butter with which the Senator is concerned.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: The electoral wind.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: These issues will of course be subject to further consideration as the Bill travels from the Upper House to the Lower. I very much value the opportunities we have had over the past hour or more, having recommitted the legislation to Committee Stage. I acknowledge the breadth of the debate with Senator Higgins on one end of the argument and Senator McDowell on the other. The legislation...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I thank the Senator for that.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: My section 43 will allow for Independents who are not members of registered political parties to process data that does not seem to me to be covered by Article 9.2(d) of the general data protection regulation, GDPR. If I were to accept the Senator's amendments, having regard to the very positive and helpful nature that is intended, I would be concerned, for example, that Independent...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I would be happy to give it further consideration but I believe over the last while, between Senator McDowell on the one hand and Senator Higgins on the other, we have seen the need to engage in a type of balancing that will allow for ongoing engagement with the public on the part of people running for office, having particular regard to this being a special aspect of engagement that might...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: That is not unreasonable. That is not unreasonable and if it is not clear in the legislation it is worthy of further consideration. To return to Senator McDowell's point about junk mail or unsolicited material, it is very subjective. We probably all form the view that the other candidates' mail is the junk mail and ours is not.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: However, it is the person going to the polling booth who decides which is the junk and which is not. I want to return to a point that I may not have made clear, and to go back to Cambridge Analytica, rather than Cambridge Road. There is absolutely no reason for anybody to fear that Ireland, our jurisdiction, will become a hub for the carrying out of any electoral activities in respect of...

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