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Seanad: An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage (27 Mar 2018)

Michael McDowell: Those Members of the House who are opposed to the referendum are not antidemocratic if they vote against having a referendum. I ask the House to remember in particular those who I believe wrongly said they would allow the Bill to abolish the House to go through but only so that the people could have their say on the matter. That is not the process. The Constitution remains the same until...

Seanad: An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage (27 Mar 2018)

Michael McDowell: He was told that this was fanciful and effectively a scare story, but it came into existence in the decision in the X case when the Supreme Court stated there could be travel injunctions and that the only thing that could override them was the threat of suicide or another threat to the life of a mother. That point is important because we put in place in the Constitution what, in retrospect,...

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

Michael McDowell: On a point of order, I respectfully submit that the matter be recommitted for Committee Stage treatment so that we can have a conversation about this rather than set speeches. I am slightly-----

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

Michael McDowell: Yes, but I am entitled to move that it may be recommitted. I want to tease a few things out and speeches will not be the way to do it.

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

Michael McDowell: Yes. I so move.

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

Michael McDowell: The ones we are discussing in this group.

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

Michael McDowell: Amendment Nos. 1, 25 to 30, inclusive, 38 and 39.

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

Michael McDowell: I have a number of issues. I want to be clear about what we are actually doing. Section 43 of the Bill in its present form-----

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

Michael McDowell: Maybe I am being-----

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

Michael McDowell: Section 43 of the Bill deals with a political party and uses a definition of a political party. I am not trying to stray outside the groupings. The section reads:Subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects, the processing of personal data revealing political opinions shall be lawful where the processing is carried...

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

Michael McDowell: Fair enough. In any event, he is noted as somebody who is particularly interested in some particular issues, issues A and C. The question is then whether processing of that material is lawful in the context of an election but unlawful at a later point? For instance, if the Senator says that he is hugely interested in having a referendum on issues X, Y and Z - we will leave out Y to be fair...

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

Michael McDowell: I was referring to remarks on the register.

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

Michael McDowell: Perhaps Senator Higgins misunderstands me. I am not just dazzled in this context by Cambridge Analytica or Big Brother doing X or Y with data they have harvested around the world; I am concerned with very basic, ordinary aspects of our political process.

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

Michael McDowell: Exactly. I am not suggesting for one moment that Senator Higgins is not right to be concerned about the other issues. They are probably much more contentious and more newsworthy this week than they were previously. However, I am actually concerned with the whole process of participating in the political life of our country. I do not have all the answers and do not claim to be expert in...

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

Michael McDowell: One could say it was the electoral wind but he would have said it was something different. The other point is that in this context, the term "electoral" may have to be defined as including campaigns to amend the Constitution and referendum campaigns. Elections are different from referendums. A political party, its members or a candidate for election to or a holder of electoral office are...

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

Michael McDowell: I welcome the Minister's openness to look at all these issues again. There is quite a difference between Cambridge Road, Rathmines, and Cambridge Analytica. Perhaps I am much more pedestrian in my focus but I am looking at it from that point of view. There is now an explicit reference to a referendum commission carrying out a processing of political opinions. I would make one observation...

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

Michael McDowell: I move amendment No. 8:In page 23, line 6, to delete "is 13 years of age" and substitute "shall not be a lower age than already defined in Article 8". I note the Minister's proposed amendment No. 9 on a review operating in respect of these subsections and I welcome it. My views have not changed since the previous occasion and repeating them would be somewhat needless. We have to be...

Seanad: Public Service Superannuation (Amendment) Bill 2018: Second Stage (27 Feb 2018)

Michael McDowell: In defence of his wallet.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Michael McDowell: I endorse what Senator Higgins has been saying. I welcome the definition of a child as a person who is under the age of 18. One of my big problems is that I see around me quite contradictory attitudes towards childhood as a state. As I understand it, one is either a child or an adult. Although it is a somewhat arbitrary point in time, we have fixed the age of 18 as the point at which a...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Michael McDowell: I move amendment No. 7:In page 22, line 32, to delete "13 years" and substitute "16 years". This is an important subject which needs to be debated and thought about carefully. We are not dealing with the right to have a phone or whatever and a number of issues relating to young people's access to the Internet. We are dealing with the point at which a child aged 13, 14 or 15 is capable of...

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