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

Charles Flanagan: The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations. In addition, the programme of replacement and refurbishment of Garda accommodation is progressed by...

Written Answers — Department of Justice and Equality: Family Reunification (16 May 2018)

Charles Flanagan: Last Saturday, 12 May, the Minister of State with special responsibility for Equality, Immigration and Integration, David Stanton TD, and I launched the first call for nominations under the Irish Humanitarian Admission Programme 2.  The scheme referred to by the Deputy is called the IHAP. I am pleased that the Irish Refugee Protection Programme (IRPP) has completed...

Written Answers — Department of Justice and Equality: Prison Service Staff (16 May 2018)

Charles Flanagan: As the Deputy will be aware the work being carried out by the Irish Prison Service, led by the Director General, Michael Donnellan, and his senior management team, speaks for itself.  I regularly meet the Director General, senior management and staff on my visits to prisons and at prisons related events.  The Director General is a member of my Department's...

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...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: To respond very briefly to Deputy Daly, it will be a public process. It will be a full process and it will be conducted by way of public advertisement for anyone who is interested in making an application.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 9:In page 26, line 9, to delete (in subsection (2) referred to as annual accounts")". Sections 23(3) to 23(6), inclusive, deal with the annual accounts of the data protection commission. These were inserted into section 23 on Committee Stage, and the amendments make a number of minor and technical adjustments to these provisions. I do not see any controversy involved.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 10:In page 26, line 13, to delete Annual accounts" and substitute Accounts".

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 11:In page 26, to delete lines 23 and 24 and substitute the following:(3) Subject to subsections (4)and (5), subsections (1)and (2)shall cease to have effect on the date of the coming into operation of section 173(b).".

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 12:In page 26, to delete lines 25 to 31 and substitute the following:(4) Accounts kept in accordance with this section that relate to the period specified under subsection (5)shall be submitted by the Commission to the Comptroller and Auditor General for audit not later than 3 months after the date of the coming into operation of section 173(b). (5) The Minister may, for...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 3:In page 18, line 7, to delete “subsection (2) of section 8.” substitute “subsections (1)(b), (2) and(3) of section 8.”. I wish to express my appreciation to Deputy Ó Laoghaire for amendment No. 6 and for drawing attention to the need for the data protection commission to complete investigations already commenced by the commissioner. I...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I welcome the Deputy's support but he can give it by just rising in his seat without making a contribution.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: For clarity, it is my belief that, having regard to my amendments, the Bill makes it perfectly clear that any and all investigations which have been commenced by the commissioner must be completed by the commission.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 4:In page 18, to delete lines 9 to 19 and substitute the following:“8. (1) Subject to this section, the Act of 1988 shall, on and from the date on which this section comes into operation, cease to apply to the processing of personal data (within the meaning of that Act) other than—(a) the processing of such data for the purposes of safeguarding the security...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 5:In page 20, lines 20 and 21, to delete “, in so far as it relates to a function transferred by this section,”.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I move amendment No. 7:In page 21, to delete lines 1 to 13 and substitute the following:“(5) Subject to subsection (7), the Public Appointments Service shall recommend a person for appointment as Commissioner following an open selection competition held by the Service for that purpose. (6) The Public Appointments Service shall appoint a selection panel to assist it in holding an open...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I will be very brief.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: With regard to amendment No. 20, Deputy Clare Daly's own words are that it appears awkward. I still maintain it is unnecessary on the basis that the legal basis for such regulation exists in Article 6(1)(e) of the GDPR. They will clarify that the processing being carried out in certain cases is necessary for the performance of the task. Deputy Ó Laoghaire's amendment No. 82 will...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I thank Deputies because we are dealing with a number of amendments in this group. It seems to me that agreement has been reached on my amendments Nos. 2, 17, 19, 64, 80, 84 and 85. I acknowledge the comments of Deputy O'Callaghan. He speaks of a novel approach to the concept of the positive resolution. As well as being novel, it is also burdensome and onerous. Nevertheless, it was a...

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: I am not sure I gave the Deputy an assurance.

Data Protection Bill 2018: Report Stage (15 May 2018)

Charles Flanagan: We will certainly have the issue raised with a view to finding a solution. However, it is not within the immediate control of the Government. I am not in a position to accept the amendment because there is not an appropriate definition in the GDPR, but that is not to say I disagree with the point raised by the Deputy.

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