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Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Jim O'Callaghan: I thank the Minister.

Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Jim O'Callaghan: Does the Minister, Deputy Ross, intend to speak on these amendments?

Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Jim O'Callaghan: Why? Of course, I was not aware of the transport implications of the Bill. I welcome the Report Stage of the Bill. I acknowledge the presence of the Minister for Justice and Equality, Deputy Flanagan. We should also acknowledge the fact that the Minister for Transport, Tourism and Sport, Deputy Ross, is here. One way of looking at that may be that it is a reflection of the fact the...

Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Jim O'Callaghan: They may be out of order but I guarantee they are 100% correct.

Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Jim O'Callaghan: Out of order but correct. The first group of amendments we are looking at relates to the amendments that were made on Committee Stage as a result of amendments I put down and which were passed by the committee. The purpose of those amendments was to remove from the commission the overly complex structure of committees that had been put into it by the Minister. In considering all...

Other Questions: Forensic Science Ireland Laboratory (17 May 2018)

Jim O'Callaghan: 10. To ask the Minister for Public Expenditure and Reform when it is expected work will commence on the construction of the Forensic Science Ireland headquarters; and if he will make a statement on the matter. [16489/18]

Other Questions: Forensic Science Ireland Laboratory (17 May 2018)

Jim O'Callaghan: The Minister will be aware of the Forensic Science laboratory in the Phoenix Park, which is in his constituency. He will also be aware that this is the laboratory that carries out very important work on behalf of the State to analyse and process forensically evidence to be used in criminal prosecutions. The Government gave a commitment in October 2016 that a new forensic science laboratory...

Other Questions: Forensic Science Ireland Laboratory (17 May 2018)

Jim O'Callaghan: I thank the Minister of State, Deputy Moran. I do not know whether he has had an opportunity to visit the Forensic Science Laboratory. If not, I recommend he does so. I had the benefit of visiting it in 2016. The laboratory plays a vital role in analysing and processing all the evidence that is to be used in criminal prosecutions. Unfortunately, however, the facilities are completely...

Other Questions: Forensic Science Ireland Laboratory (17 May 2018)

Jim O'Callaghan: I am aware that it is a complex construction process. We have all been aware of that. I am also aware that recent changes in international forensic laboratory standards have meant it was necessary to add further information to the main contract. Nonetheless, I regret to say there has been considerable delay in the commencement of this process. A legitimate explanation does not appear to...

Data Protection Bill 2018 [Seanad]: Fifth Stage (16 May 2018)

Jim O'Callaghan: It is an important occasion with this Bill now being passed by Dáil Éireann. I join the Minister in acknowledging the work done by Mr. Carroll and Ms Walsh in the Department. It was a significant task to put together this legislation, which was for the part purpose of bringing into effect the GDPR - the parts of it that we wanted to put into the legislation - and also for the...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: I just want to go back to something I said earlier on. Obviously the provision that exists in section 127 gives the right for the award of damages under the heading "Judicial remedy for infringement of relevant provision". However, section 116 deals with a similar topic, namely, "Judicial remedy for infringement of relevant enactment". Since we know from amendment No. 122 that there is the...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: It is important that, if there is a data breach, a person affected have an entitlement to seek a judicial remedy. This is provided for in section 116. However, amendment No. 100 tabled by Deputies Clare Daly and Wallace is not only novel but would also completely alter the way litigation was conducted. Currently, if someone is the victim of a data breach, he or she goes through the process...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: This group of amendments seeks to provide protection for the DPO. The objective of the amendments is to ensure that he or she is able to carry out his or her functions independently and without inappropriate interference by senior management or the person who has appointed them. Not only will a DPO have the benefit and advantage of the protected disclosures legislation but he or she will...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: This is an interesting amendment put forward by Deputies Clare Daly and Wallace. Since it was discussed on Committee Stage, I have had an opportunity to look in more detail at Article 22 on the issue of micro-profiling. It deals with decisions based solely on automated processing including profiling. It is worth pointing out that Article 22(3) gives specific recognition to the fact that...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: We took in Deputy Donnelly.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: I move amendment No. 15:In page 29, line 2, to delete "13 years" and substitute "16 years".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: 5 o’clock I move amendment No. 15:In page 29, line 2, to delete "13 years" and substitute "16 years".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: One of the advantages of the amendment dealing with the digital age of consent is that we know, whether we go for 13 or 16 years, we are not going to be in breach of the GDPR because it goes out of its way to give a certain leeway to national states to decide the age at which they want to set it. I am not a Eurosceptic, but it does reveal the extent to which we operate with limited...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: The three amendments under discussion all seek to provide greater protection for children under the Bill. Amendment No. 15 seeks to raise the age of digital consent from 13 to 16. I mentioned on Committee Stage that Fianna Fáil supports a digital age of consent of 16. I will not address that amendment today as my colleague, Deputy Thomas Byrne, will do so. I wish to address...

Written Answers — Department of Justice and Equality: Court Sittings (16 May 2018)

Jim O'Callaghan: 124. To ask the Tánaiste and Minister for Justice and Equality the steps being taken to reduce the delay for the trial of criminal proceedings in the Dublin Circuit Court; if further judges will be assigned to conduct criminal trials on the circuit; and if he will make a statement on the matter. [21522/18]

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