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

Charles Flanagan: This is a large group of Opposition and Government amendments which deal with sections 38, 39, 47, 57 and 58, all of which are linked with the operation of our democratic system of government. I am unable to accept amendments Nos. 25, 51, 68 and 71 which have been tabled by Deputies Clare Daly, Mick Wallace and Donnchadh Ó Laoghaire and which propose the deletion of sections 38(2), 47,...

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

Charles Flanagan: I move amendment No. 17:In page 32, to delete lines 8 to 27 and substitute the following:"(5) Subject to subsection (6), regulations may be made under subsection (2)—(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or (b) by any other Minister of the Government following consultation with the Minister and such...

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

Charles Flanagan: It is important to retain section 37 for legal certainty and for transparency and I cannot therefore accept the amendments. In the field of social protection, for example, certain important and valuable schemes operated by the Department of Employment Affairs and Social Protection, operate on a non-statutory basis, such as the free fuel scheme, free travel scheme, back to school clothing and...

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

Charles Flanagan: I am unable to accept the amendment which, as we said earlier, arises out of something of a misreading of the purpose of subsection 35(4). As it stands, subsection (4) permits regulations to identify different toolbox measures for different categories of personal data or different categories of controllers. However, it is probably not appropriate to have such a differentiation in all cases....

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

Charles Flanagan: I wish to make two points by way of concluding remarks. The first relates to age. I wish to reiterate all the points made relating to the consultation process and the arrival at the age of consent of 13 years. I am a little concerned at issues being introduced that were not considered earlier in the debate. Deputies have talked about secrecy of the public consultation process. I wish...

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

Charles Flanagan: I will make early contact with Commissioner Jourová on the disposition of Members. I share the object of Members but I have no wish to do anything that might ultimately give rise to exposing the State to infringement proceedings.

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

Charles Flanagan: I have made a comment but I am adding to it as well. I would be happy to bring the actual concerns, as raised by Deputy Daly and Deputy Shortall, directly by way of written early communication with Commissioner Jourová. I appeal for that to be accepted. Of course I will circulate any further correspondence that comes in on that particular issue.

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

Charles Flanagan: There has been no secrecy.

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

Charles Flanagan: When this Bill was discussed in the Seanad and when it went through the rigorous select committee process, I explained comprehensively the consultation processes that resulted in the Government proposing a digital age of consent of 13 years. I do not propose to repeat those points this afternoon, not least because I thought the argument in favour of 13 being set as the relevant age was well...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I thank Senators Boyhan, Norris and Ó Donnghaile for their comments. As has been said, the amendment relates to section 17 of the Bill to provide for a right of election for an accused to be tried summarily. It is a similar approach to that which is being taken in section 2 of the Criminal Justice Act 1951 and section 53 of the Criminal Justice (Theft and Fraud Offences) Act 2001, but...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: Where is he?

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I acknowledge what Senator Boyhan said in reply to my submission of defence on the amendment. I certainly mean no disrespect to Senator McDowell regarding the fact that he is not here. I want to dissociate myself from the comments of Senator Norris as to where Senator McDowell might be. However, I acknowledge what Senator Boyhan said. I would be pleased to go along with his suggestion...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I would be very happy to invite the Senator to any further meetings that I arrange in Roscommon requiring my presence.

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: The last time I was in Roscommon at official functions, of which there are many, I also missed the Senator, but I had the pleasure of the company of his daughter who had a very successful year as cathaoirleach of Roscommon County Council. I wish her well for the remainder of her term. My colleague, Senator O'Mahony, has been in contact with me also regarding some Garda stations in the west,...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I thank Senators Boyhan and Norris for coming back to this issue, which was referred to at an earlier Stage. The amendment relates to the provision in section 17(4)(c) where a court in imposing a sentence on a person for an offence under the Act may make an order which will in essence prohibit that person from seeking to hold or occupy any office, position or employment as an Irish official...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I am happy to reflect further along the lines Senator Boyhan indicates. However, I am very much constrained by the Constitution. I am not of the view that this is a matter that should be put to the people by way of an early constitutional referendum. The programme for Government includes a full schedule of referendums and I would rather not introduce a new one into the public arena at this...

Seanad: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (16 May 2018)

Charles Flanagan: I will make two final points very briefly. I do not want a misunderstanding to emanate from the House today. I state again that what we have under the Bill is a penalty of forfeiture of office. It will be possible for the courts to order that someone forfeit his or her seat in Parliament as a result or consequence of wrongdoing.That is, again, a consequence of the legislation we are...

Written Answers — Department of Justice and Equality: Garda Transport Data (16 May 2018)

Charles Flanagan: The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and this is in addition to the investment of almost €30 million in the period 2013 to 2015. In total, in the period 2013 to 2017, almost €44 million has been invested in...

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

Charles Flanagan: As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of Circuit Court business is a matter for the President of the Circuit Court and the presiding judge who are, under the...

Written Answers — Department of Justice and Equality: Compulsory Purchase Orders (16 May 2018)

Charles Flanagan: As the Deputy is aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee (comprising the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland)...

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