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Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: I move amendment No. 8:In page 10, line 20, to delete “13 members” and substitute “17 members”.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: No, that is not true.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: In response to the issue of costs, it will not be anything like €1 million. In fact, it will be more like half that sum. In response to Deputy Wallace's amendment No. 7a, which I have not had the opportunity to address, a fundamental flaw in the amendment is that he does not include any reference to the Attorney General or to a practising barrister. It seems to me to be...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: From the debate this evening, rather than from any previous Stage at which this legislation was subjected to scrutiny, there appears to be some contagion from the Road Traffic Bill. That contagion appears to be directed towards my colleague, the Minister for Transport, Tourism and Sport. I will not apologise for the Minister, I do not have instructions to apologise for him and I do not have...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: ----more about the Road Traffic Bill than the Judicial Appointments Bill. It is very clear from the contributions.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: I want to acknowledge Deputy Clare Daly's point on the Judicial Council Bill. She is correct and I agree with her. Unfortunately, progress with the package of amendments to which she referred has been slower than I would have wished. However, it is my intention to bring an appropriate number of amendments to the legislation aimed, for instance, at approving the transparency in the...

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: What, with the Deputy?

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Charles Flanagan: Is that the amendment?

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: I want to welcome Senators back to Report Stage, which deals with amendments made to the Bill by Dáil Éireann. Before introducing the amendments in group 1, that is, amendments Nos. 1, 9, 11 to 23, inclusive, and 85 to 83, inclusive, I wish to thank Senators for their detailed comments, all of which were helpful to me and the Bill in its latest iteration. Senators will be aware...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: Thank you.

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: I should never have given any indication that I intended doing anything without agreement or the prior approval of Senators. Many of the amendments made by Dáil Éireann arise from proposals and suggestions first made during the early discussions here and most of them go in the direction advocated during those discussions. I trust, therefore, that they will find ready acceptance...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: I acknowledge the point raised by Senator Higgins. It is one that did form part of our discussions here earlier, and one that was the subject matter of discussion in the Dáil. My officials did make direct contact with the office of the European Data Protection Supervisor, EDPS, on the matter of a subsection that may require him to nominate a member of the selection panel. We received...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: The purpose of the amendments in group 2, which are somewhat technical in nature, is twofold. The amendments to subsections (1) and (2) of section 3 provide that where an appropriate authority under the Civil Service Regulation Acts designates a civil servant as its controller, any action taken by a data subject to seek compensation and any administrative fine imposed by the data protection...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: Yes, it will be an open competition that will be advertised. It will be open to anybody who believes he or she has the appropriate level of expertise and will follow the Public Appointments Service practice and procedure. I thank Senator Higgins for the earlier points she made in respect of administrative fines imposed on public bodies. We had a pretty comprehensive debate on that. She...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: Senators will recall that several sections, notably sections 35, 37, 48, 52, 57 and 70, provide for possible future regulations to be made by the Minister for Justice and Equality or another Minister. The Bill, as initiated, provided for consultation by the relevant Minister with the Minister for Justice and Equality and the data protection commission prior to the making of regulations....

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: I have nothing further to add.

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: Group 4 deals with aspects of sections 7, 8 and 14. Amendments Nos. 6, 7 and 10 make a number of technical adjustments to subsections (3) and (4) of section 7 and to section 14. Amendments Nos. 8 and 65 concern the scope of section 8. They clarify that the data protection commission must complete any investigation under section 10 of the 1988 Act that was commenced by the Data Protection...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: I welcome the comments made by Senator Higgins and acknowledge her earlier contributions and her contributions today.

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: Group 5 comprises amendment Nos. 24 to 28, inclusive. These amendments focus on safeguarding children and their data protection rights under the GDPR. The subject was debated at some length in this House. When I introduced sections 29 to 31, inclusive, in response to concerns and worries expressed by Senators I also introduced a review mechanism in section 30, which would have required a...

Seanad: Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages (22 May 2018)

Charles Flanagan: On the final point made by Senator Higgins, if there is leakage it would be inappropriate, and if there is inappropriate leakage there will be sanctions. I shall make some brief comments on the amendments with regard to setting of the digital age of consent. I acknowledge the will and wish of Dáil Éireann as far as this issue is concerned. It is not my intention to revisit the...

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