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Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: The Chairman may have dealt with this last week or before I came in. It is from the Secretary General of the Department of Justice and Equality, related to Noel McGree.

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: I have a problem with this letter. It is something of a whitewash. The letter states that the Department is liaising with Noel McGree, that it is a difficult situation but that everything is progressing. I do not believe that there is any goodwill here. I think we are throwing the kitchen sink at this man and that if anybody monitors this particular case, it would be a signal to never...

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: Cork ETB have questions to answer.

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: On Cork ETB, the adequacy of the internal audit is an issue.

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: The internal audit inadequacy did not raise its head in the other ETBs but it did in Cork. Why is this?

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: I am only reading what is in front of me. We have a clear audit opinion that everything is tickety-boo with some of them but it is not the position in Cork, where we have concern about the internal audit function.

Public Accounts Committee: Business of Committee (26 Sep 2019)

Marc MacSharry: What is the story then?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: I thank Ms Dixon for being here. I was watching from my office on the monitor, so I heard most of the proceedings. I know she has dealt with this earlier, but will Ms Dixon remind me what stage the process with the Department has reached? She issued her report in August and then there were 21 days to appeal. Is that correct?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: We know that is not happening. Is there a schedule to be followed now?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: Does that take a significant amount of time?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: When that happens, are the courts the Department's only recourse?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: Is that appeal made to the Circuit Court?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: In that case, the Department appeals, the Data Protection Commission presents its case and the Department represents its case. We waste an awful lot of taxpayers' money in the meantime. Is that what will really happen?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: Let us say my company breaches the regulations and the Data Protection Commission writes to me saying I needed to do this, that and the other. Suppose that, as a private entity, I argue that the commission had misinterpreted the law and I will not do any of that. What would happen?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: When an entity does not accept the Data Protection Commission's findings and has a right of appeal to the courts, does that create additional work for the Data Protection Commission?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: Of the 24 live cases, how many are against State agencies?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: There is ongoing litigation with State agencies on the basis that they did not accept the Data Protection Commission's findings.

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: Could we get a breakdown of the 24 cases and the cost so far in real terms?

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: I do not mean costs that the Data Protection Commission can farm out. Can we get a handle of the amount of resources these cases are taking from the Data Protection Commission's core business, which ultimately is to continue with its work rather than getting held up in court? Regarding the State agencies-----

Public Accounts Committee: 2018 Financial Statements of the Office of the Data Protection Commissioner (26 Sep 2019)

Marc MacSharry: We will all get to see it then. I listened to Mr. Fallon trying to answer a question on the situation earlier. The position is that State agencies are in breach of the law. Obviously, that is subject to appeal, litigation or whatever. Mr. Fallon indicated that these are matters for the Government to consider. That was as far as he was prepared to go on that issue. Did I hear him...

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