Results 10,461-10,480 of 21,096 for speaker:Charles Flanagan
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: I will be helpful to the Senator but would never suggest that he is not right in anything.
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: It could well be that he is reading an earlier draft.
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: This refers to the Bill as amended on Committee Stage. We are merely deleting subsection (2).
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: The two lines do make sense, ending with "section 33".
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: I want to stress that the "toolbox" of safeguards as referred to by Senator Higgins, is in addition to, and not a substitute for, the technical organisational measures required under a risk-based approach in Article 24.These additional safeguards are justified by the fact that they will apply to the special categories of personal data under Article 9, to which we referred earlier. On...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: Government amendments Nos. 3 to 6, inclusive, are in respect of sections 7 and 8. Let me refer to Senator Higgins's contribution to the Committee Stage debate during which she sought assurances that the setting up of the Data Protection Commission under Part 2 of the Bill would not in any way interrupt or disrupt investigations of complains already under way under the existing legislation...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: I am not in a position to accept these amendments. I point to section 145 of the Bill, which adequately deals with this issue and provides in an appropriate manner for the publication of convictions and certain other sanctions. Amendment No. 7 would require the Data Protection Commission to publish in its annual report a list of controllers and processors who have been found to be in breach...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: The issues are probably covered in section 145.
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: Arising from the rather lengthy discussions we had on Committee Stage, I again recognise the strongly-held views of Senators on this issue. Arising from the discussions we had, I am, therefore, tabling amendment No. 9, which provides for a new subsection (3) for a review of the digital age of consent no later than three years after the entry into force of this section. Amendment No. 8 in...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: I have no doubt that when somebody is encouraged, the controller concerned has little alternative if they wish to avoid further consequential action, such as an audit or an investigation of their practices and enforcement. I gave some consideration to what Senator Ruane might regard as being somewhat stronger than encouragement. I do not want to run the risk of infringing the GDPR. I want...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: It is extraordinary that I am required to speak to amendments that are going to be withdrawn. However, I defer to the Chairman on the matter.
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: I merely want to point out that if people believe that the Minister has a free hand they are mistaken. Sections 33, 35, 50, 68 and 90 contain provisions for the making of statutory instruments to give further more detailed effect to various provisions in the Bill in accordance with Article 36(4) of the GDPR. Section 79(12) of the Bill provides that the commission must be consulted in...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: As the proposers of the amendments are not making a contribution I do not propose to respond.
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: The amendments in this group provide for the inclusion of the words "and proportionate" in a number of sections in the Bill. Arising out of Committee discussions I undertook to take a further look at the provisions as they applied a necessity test to data processing with a view to assessing whether a proportionality test should also be applied. Arising from this assessment, I am proposing...
- Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)
Charles Flanagan: No.
- Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)
Charles Flanagan: I have some remarks that I hope will be of benefit to the committee. I shall be introducing five amendments, and the Opposition has nine. There are a number of overlaps. Four of the Government amendments relate to a recent EU directive, the PIF directive, and the Long Title will be amended to note that. I am likely to have a small number of amendments on Report Stage. One is to give...
- Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)
Charles Flanagan: I thank Deputies O'Callaghan and Ó Laoghaire for their amendments, Nos. 1, 2 and 3. Amendment No. 1 seeks to redefine the word "corruptly". The definition of "corruptly" contained in the Bill is the same as the definition contained in the Prevention of Corruption Act 1906, as inserted by section 2 of the Prevention of Corruption (Amendment) Act 2010. In developing this Bill, my...
- Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)
Charles Flanagan: No, but I have heard the Deputies and I will give the matter further consideration. At this point I am of the view that we should retain it in its current form. However, in view of what Deputies O'Callaghan and Ó Laoghaire have said, if we can agree that the Bill will be improved then I will certainly be happy to have a look.
- Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)
Charles Flanagan: I move amendment No. 4:In page 9, to delete lines 1 and 2 and substitute the following:“(a) corruptly requests, (b) corruptly accepts or obtains, or (c) corruptly agrees to accept,”. These amendments are as a result of the recently agreed EU directive I mentioned at the outset. It is a directive on the fight against fraud to the Union’s financial interests. The...
- Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)
Charles Flanagan: Separate legislation will be needed for the balance and will be brought forward in due course.