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Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Is the Irish Refugee Council concerned that if people have the right to work, and are working, they may lose their reception in direction provision centres?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to the Labour Market for International Protection Applicants: Discussion (9 May 2018)

Jim O'Callaghan: Is it the case that some asylum seekers are seeking access to the direct provision centres?

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I will support amendments Nos. 50 and 51. I welcome that the Minister has put down these amendments. It is appropriate that there is recognition of the important role that democracy plays and how it operates in this country. We are sometimes too self-deprecating as politicians. We are not simply politicians but elected representatives of the people and the people are entitled to have...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Amendment No. 58 replicates my amendments Nos. 59 and 60 and I am happy to go with Deputy Ó Laoghaire's amendment. He has given a good account of why it has been put forward. Section 41 deals with circumstances when a request under the Freedom of Information Act 2014 means that personal data contained in a record may be disclosed if it comes pursuant to a freedom of information...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: In the light of the new consensus between Fine Gael and Sinn Féin, it ill behoves me to interfere with or interrupt it. I will follow Sinn Féin's example. We will not push the amendment now but will come back to it on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I am taking the lead from Sinn Féin.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Yes and they will be withdrawn or not moved.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I do not see any difference between what is in place and what is proposed in amendment No. 64. I know that the Minister has said the same. I have to say his suggestion that the use of the word "is" is a reason not to support the amendment is not a strong one. I will not support the amendment because I do not believe it would add anything to the Bill. On section 45, as elected...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: We might consider tabling an amendment to section 45 on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: It is appropriate that one should be able to process personal data for the purposes of substantial public interest. The Minister has given examples. In recent days, we have seen other issues that have arisen which may result in an investigation. That also illustrates an example of how, on occasion, the processing of personal data is necessary on the basis of substantial public interest. I...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: We can see that democracy is under threat in many western democracies, but if one tries to identify where democracy is under threat or how it is under threat - this is my opinion and people may disagree - it is under threat because of the deluge of information being pushed out to individuals, to a large extent through social media. We do not know who the funders are, the information is not...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I might table an amendment on Report Stage if we are going to bring something else in, but I am happy with it as it is.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: The points I made in regard to section 55 also apply to this section. I may consider tabling an amendment on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I welcome Ms Long. She picked a terrible meeting to come back to. Of all the meetings in all the rooms.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: On section 57, yesterday we brought in amendment No. 5. If regulations are going to be made under section 57, the Minister is going to have to lay them before the Oireachtas for prospective approval. The Minister did not mention his own amendment, amendment No. 87. Will he tell us why he is removing judicial independence as one of the important objectives of general public interest? Is it...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 118:In page 66, between lines 15 and 16, to insert the following:“(9) Should a data subject request information in relation to a personal breach which affects them, they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsections (2), (4) or (6) shall place a restriction on their access to that...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I will reply briefly. Obviously, my concern is that under section 84(1), a data subject is only entitled to be given information in respect of a breach where that breach is likely to result in a high risk to the rights and freedoms of a data subject. Somebody who has breached a person's data rights will be able to justify not giving him or her the information on the basis that there was no...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Yes, for the time being.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Section 88 deals with the right to information and it should be drafted in a broad way to facilitate access to that information for individuals. For that reason, I will support amendment No. 125. I also think amendment No. 126 is appropriate. The Minister's only objection to it is that it is not needed. That may be the case but I do not see any harm in replicating it, notwithstanding the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No.133:In page 84, after line 34, to insert the following: “ “complainant” means a complainant within the meaning of Chapter 2 or Chapter 3;". I will withdraw the amendment as there is already a definition of complainant contained in section 105. Amendment No. 138 is similar to amendment No. 137 which was tabled by Deputy Ó Laoghaire. On balance,...

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