Results 11,021-11,040 of 21,096 for speaker:Charles Flanagan

Seanad: Domestic Violence Bill 2017: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (2 May 2018)

Charles Flanagan: I would. It gives me great pleasure not to open up the debate, but to close the debate on this important legislation. I reiterate my appreciation to Senators for their contributions and constructive engagement during the various Stages of Bill. In particular I highlight this afternoon's contributions by Senators Norris, Conway-Walsh, Kelleher, Higgins, Conway, Ó Donnghaile, Buttimer...

Select Committee on Justice and Equality: Business of Select Committee (2 May 2018)

Charles Flanagan: I am looking forward to our engagement on the Bill. There was a very constructive debate on it in the Seanad over a number of days. We teased out some of the detailed issues. May I make a general point that I will be returning to repeatedly during our discussions? For the most part, the general data protection regulation, GDPR, is a directly applicable legal instrument. That presents a...

Select Committee on Justice and Equality: Business of Select Committee (2 May 2018)

Charles Flanagan: As always, the Minister is a servant of this committee and is in its hands. The Minister will abide by the rulings of the Chair at all times.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I should have said at the outset that I am accompanied this morning by my officials, Mr. Seamus Carroll and Ms Noreen Walsh. I acknowledge their ongoing work in this regard. I mentioned the issue regarding the GDPR itself. I cannot accept the definition of "scientific research purposes" proposed by Deputy Daly. While it does appear in several articles of the GDPR, the term is not...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 2:In page 12, line 2, to delete “shall be deemed” and substitute “shall, other than for the purposes of sections 103(3) and 139(2) and (3), be deemed”. The purpose of this group of amendments, which are technical in nature, is twofold. First, the amendments to subsections 1 and 2 of section 3 provide that where, as permitted by section 3, an...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 3:In page 12, lines 8 and 9, to delete “shall be deemed” and substitute “shall, other than for the purposes of sections 103(3) and 139(2) and (3), be deemed”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 4:In page 12, between lines 10 and 11, to insert the following:“(3) For the purposes of this Act and the Data Protection Regulation—(a) where a designation by the relevant appropriate authority under subsection (1) is not in force, a civil servant in relation to whom that authority is the appropriate authority shall be deemed to be its employee and, where...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: It seems clear that the Deputies are trying to draw a distinction between regulations made under sections 48, 57 and 70, and those made under other sections of the Bill. In the case of regulations made under sections 48, 57 and 70, it is proposed that draft regulations be laid before the Houses and would not take effect until they had the approval of both Houses. Deputy Clare Daly described...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I did not say it was too difficult.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I think the Deputies are overstating the position. Under law the Oireachtas has a power and authority at any time to overturn, reject or set aside any regulatory framework. I do not have figures on the number of times that has been exercised against a Government over the years. In fact, it may not have happened at all. I merely want to assure the committee that the process is there....

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 6:In page 13, line 17, to delete “The enactments specified” and substitute “Subject to subsection (4), the enactments specified”. Amendments Nos. 6, 7 and 8 are essentially drafting amendments to sections 7 and 8 of the Bill. I do not believe they require elaboration.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 7:In page 13, to delete lines 19 and 20 and substitute the following:“(4) The repeals and revocations effected by this section shall not apply for the purposes of subsection (2) of section 8.”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 8:In page 13, lines 22 to 24, to delete all words from and including “(1) Subject” in line 22 down to and including line 24 and substitute the following:“(1) Subject to subsection (2), the Act of 1988 shall, on and from the date on which this section comes into operation, cease to apply to the processing of personal data other than the processing...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 9:In page 15, between lines 5 and 6, to insert the following:"(3) The Commission is designated for the purposes of Chapter IV (Mutual assistance) of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done at Strasbourg on the 28th day of January 1981. (4) The Minister may, following consultation with the Commission, make...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: There are eight amendments in the group, one of which is gone. Section 15 deals with the membership of the proposed data protection commission. My amendments Nos. 16, 17 and 18 merely insert a new paragraph on the matter of the retirement age of a commissioner under subsection (9). As regards the appointment of commissioners, section 15 allocates the task of making a recommendation for...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: Has amendment No. 15 been withdrawn?

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: On Deputy Ó Laoghaire's point, looking at amendment No. 15 where Deputy Daly has stated, "A person shall not be recommended for appointment by the Government under this section unless the person is, in the opinion of the Service and the Government agrees, suitably qualified", I am not so sure about the agreement of the Government. On balance, I think it is best left as is. I am not...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: What I will do to be helpful is take away what is proposed and look at it against the background of section 15, then see if I can come back on Report Stage with something that the committee would be comfortable with.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: Vótáil.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Charles Flanagan: I move amendment No. 16:In page 16, line 34, to delete “and”, where it secondly occurs.