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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: It is my intention to bring an amendment on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: Amendment No. 5 seeks to change the definition of data sharing in section 9. The definition of data sharing was the subject of considerable debate in the Seanad, and the proposed definition here is ambiguous. A simple, unambiguous definition of data sharing is required, and that is what we have provided for in the text of the Bill in consultation with the Attorney General. Section 13 sets...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: No.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: No. We discussed this in the Seanad as well. Part of the reason for this section is that we do not know what other types of public bodies may be constructed in the future. Rather than having to come back and amend this legislation if a new public entity is established, we are allowing the situation to develop in the future. This is really a "just in case" provision. It is there just in...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: No. The Bill is explicit on this in the subsection to which the Deputy referred. It states:The Minister may, at the request of a body that would not otherwise be included in the definition of “public body” in subsection(1) and with the consent of the Minister of the Government in whom functions in relation to that body are vested. Such a body would have to have its functions...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 8:In page 15, between lines 7 and 8, to insert the following:“(d) in a case in which the second mentioned public body is engaged for gain in the production, supply or distribution of goods or the provision of services, the use by that public body of the personal data could not lead to the distortion of competition in trade in those goods or services in the State or...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 9:In page 15, to delete line 14 and substitute the following:“(f) the disclosure of the personal data is—(i) necessary for the performance of the functions in relation to which the information is being disclosed, and (ii) proportionate in the context of the performance of those functions and the effects of the disclosure on the rights of the data subjects...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 12:In page 17, lines 14 and 15, to delete “published and made available to any Oireachtas committee on request” and substitute “in writing”. These are technical amendments which concern reporting requirements under the Bill. In the Seanad, I accepted an amendment to section 17 which would provide that an Oireachtas committee could request...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I presume that it is a ruling of the Houses of the Oireachtas, based on the advice from the Attorney General. I can clarify on Report Stage that that is the ruling of the Houses of the Oireachtas, that is, our own rulings.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 13:In page 18, to delete line 33 and substitute the following:“(r) include in a schedule to the agreement a statement summarising the analysis of the parties in relation to the extent to which—(i) the disclosure of the information is necessary for the performance of the functions in relation to which the information is being disclosed, and (ii) the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No 14:In page 20, to delete lines 23 and 24. I will withdraw the amendment but I may propose a revised wording to section 21(6) of the Bill on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I do not agree. I intend to bring forward an amendment on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 17:In page 35, to delete line 23 and substitute the following:“(c) view a copy of a data-sharing agreement under which his or her personal data has been disclosed between public bodies, and”. These are a series of technical amendments to section 44, which provides for the establishment of a personal data access portal to allow citizens to see what personal...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 18:In page 35, to delete lines 27 and 28.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 19:In page 35, line 33, to delete “subsection (2)(a) and (b)” and substitute “subsection (2)(a), (b) and (c)”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 20:In page 36, line 5, to delete “subsection (2)(a) or (b)” and substitute “subsection (2)(a), (b) or (c)”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 21:In page 36, line 9, to delete “subsection (2)(a) or (b)” and substitute “subsection (2)(a), (b) or (c)”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I move amendment No. 22:In page 37, to delete lines 21 and 22. Amendment No. 22 removes the provision in section 46(6) that any contracts the data-sharing and governance board enters into in respect of consultancy shall be subject to public competition. This was an amendment to section 46 which was tabled and accepted in the Seanad. The Office of the Attorney General has since advised that...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: I will press the amendment. I accept the spirit of what Senator Higgins proposed. I am the Minister of State with responsibility for procurement. We want to avoid any situation where existing procurement contracts and contracts put in place through competitive practice, which are already laid out in frameworks and underpinned by European Union directives on procurement, would be in any way...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Data Sharing and Governance Bill 2018: Committee Stage (6 Dec 2018)

Patrick O'Donovan: The procurement of any services by the Government and public bodies is not specified in any legislation. We do not do that as a norm. To underpin a specific element of public procurement in specific legislation could reflect on other public procurement and suggest that there is somehow an issue with the legality of it. Rather than do that, the established practice laid out under EU...

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