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

Charles Flanagan: I thank Deputies because we are dealing with a number of amendments in this group. It seems to me that agreement has been reached on my amendments Nos. 2, 17, 19, 64, 80, 84 and 85. I acknowledge the comments of Deputy O'Callaghan. He speaks of a novel approach to the concept of the positive resolution. As well as being novel, it is also burdensome and onerous. Nevertheless, it was a...

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

Charles Flanagan: I move amendment No. 3:In page 18, line 7, to delete “subsection (2) of section 8.” substitute “subsections (1)(b), (2) and(3) of section 8.”. I wish to express my appreciation to Deputy Ó Laoghaire for amendment No. 6 and for drawing attention to the need for the data protection commission to complete investigations already commenced by the commissioner. I...

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

Charles Flanagan: I welcome the Deputy's support but he can give it by just rising in his seat without making a contribution.

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

Charles Flanagan: For clarity, it is my belief that, having regard to my amendments, the Bill makes it perfectly clear that any and all investigations which have been commenced by the commissioner must be completed by the commission.

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

Charles Flanagan: I move amendment No. 4:In page 18, to delete lines 9 to 19 and substitute the following:“8. (1) Subject to this section, 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 (within the meaning of that Act) other than—(a) the processing of such data for the purposes of safeguarding the security...

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

Charles Flanagan: I move amendment No. 5:In page 20, lines 20 and 21, to delete “, in so far as it relates to a function transferred by this section,”.

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

Charles Flanagan: I move amendment No. 7:In page 21, to delete lines 1 to 13 and substitute the following:“(5) Subject to subsection (7), the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose. (6) The Public Appointments Service shall appoint a selection panel to assist it in holding an open...

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

Charles Flanagan: To respond very briefly to Deputy Daly, it will be a public process. It will be a full process and it will be conducted by way of public advertisement for anyone who is interested in making an application.

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

Charles Flanagan: I move amendment No. 9:In page 26, line 9, to delete (in subsection (2) referred to as annual accounts")". Sections 23(3) to 23(6), inclusive, deal with the annual accounts of the data protection commission. These were inserted into section 23 on Committee Stage, and the amendments make a number of minor and technical adjustments to these provisions. I do not see any controversy involved.

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

Charles Flanagan: I move amendment No. 10:In page 26, line 13, to delete Annual accounts" and substitute Accounts".

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

Charles Flanagan: I move amendment No. 11:In page 26, to delete lines 23 and 24 and substitute the following:(3) Subject to subsections (4)and (5), subsections (1)and (2)shall cease to have effect on the date of the coming into operation of section 173(b).".

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

Charles Flanagan: I move amendment No. 12:In page 26, to delete lines 25 to 31 and substitute the following:(4) Accounts kept in accordance with this section that relate to the period specified under subsection (5)shall be submitted by the Commission to the Comptroller and Auditor General for audit not later than 3 months after the date of the coming into operation of section 173(b). (5) The Minister may, for...

Written Answers — Department of Justice and Equality: Closed-Circuit Television Systems Provision (15 May 2018)

Charles Flanagan: As the Deputy is aware, my Department has launched a community-based CCTV grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas. Under the scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the...

Written Answers — Department of Justice and Equality: Garda Deployment (15 May 2018)

Charles Flanagan: As the Deputy will appreciate, it is the Garda Commissioner who 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...

Written Answers — Department of Justice and Equality: Family Reunification Applications (15 May 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was received by the Visa Office in Dublin on 28 March 2018. All visa applications are dealt with in chronological order by date of receipt within the particular category. Such applications, where the sponsor is an Irish national, can normally be expected to be dealt...

Written Answers — Department of Justice and Equality: Departmental Contracts Data (15 May 2018)

Charles Flanagan: I wish to inform the Deputy that no expenditure was incurred by my Department, or Agencies under the remit of my Department's Vote (Vote 24), to any of the companies specified, since 2010. I have requested that other relevant bodies and agencies under the remit of my Department contact the Deputy directly in the event that any such contracts exist within their specific areas of responsibility.

Written Answers — Department of Justice and Equality: Road Safety Data (15 May 2018)

Charles Flanagan: I have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.

Written Answers — Department of Justice and Equality: Work Permits Eligibility (15 May 2018)

Charles Flanagan: The Supreme Court has acknowledged that it is a matter for the Executive to determine immigration policy. However, it found that in a system where there is no limit on the timeframe within which an application for international protection is determined, the applicants’ constitutional rights would be breached. The Government responded to the Supreme Court decision by agreeing to opt...

Written Answers — Department of Justice and Equality: Data Protection (15 May 2018)

Charles Flanagan: As the Deputy is aware, during earlier Seanad discussions on the Data Protection Bill 2018, and more recent discussion in the Select Committee, I explained the background to the Government's decision in favour of a digital age of consent of 13 years. I referred in particular to submissions that my Department and the Government Data Forum had received in response to the public...

Written Answers — Department of Justice and Equality: Citizenship Ceremonies (15 May 2018)

Charles Flanagan: Formal citizenship ceremonies were introduced in June 2011 for the first time since the foundation of the State. The ceremonies, which have been met with universal approval, are held at no extra cost to applicants, allow large numbers of candidates for citizenship make their statutory declaration of fidelity to the Irish nation and loyalty to the State and receive their certificate of...

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