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Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: The issues are probably covered in section 145.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: Arising from the rather lengthy discussions we had on Committee Stage, I again recognise the strongly-held views of Senators on this issue. Arising from the discussions we had, I am, therefore, tabling amendment No. 9, which provides for a new subsection (3) for a review of the digital age of consent no later than three years after the entry into force of this section. Amendment No. 8 in...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I have no doubt that when somebody is encouraged, the controller concerned has little alternative if they wish to avoid further consequential action, such as an audit or an investigation of their practices and enforcement. I gave some consideration to what Senator Ruane might regard as being somewhat stronger than encouragement. I do not want to run the risk of infringing the GDPR. I want...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: It is extraordinary that I am required to speak to amendments that are going to be withdrawn. However, I defer to the Chairman on the matter.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: I merely want to point out that if people believe that the Minister has a free hand they are mistaken. Sections 33, 35, 50, 68 and 90 contain provisions for the making of statutory instruments to give further more detailed effect to various provisions in the Bill in accordance with Article 36(4) of the GDPR. Section 79(12) of the Bill provides that the commission must be consulted in...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: As the proposers of the amendments are not making a contribution I do not propose to respond.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: The amendments in this group provide for the inclusion of the words "and proportionate" in a number of sections in the Bill. Arising out of Committee discussions I undertook to take a further look at the provisions as they applied a necessity test to data processing with a view to assessing whether a proportionality test should also be applied. Arising from this assessment, I am proposing...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Charles Flanagan: No.

Written Answers — Department of Justice and Equality: Garda Strength (22 Mar 2018)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of...

Written Answers — Department of Justice and Equality: Refugee Resettlement Programme (22 Mar 2018)

Charles Flanagan: Persons granted international protection status (refugee status or subsidiary protection status) can access State provided supports and services on the same basis as nationals. This includes full access to the labour market, education, healthcare and social housing assistance, where the established eligibility criteria are met. Eligibility is assessed by the relevant local authority....

Written Answers — Department of Justice and Equality: Legislative Measures (22 Mar 2018)

Charles Flanagan: I wish to advise the Deputy that the Enforcement of Court Orders Act 1926 sets out the functions and powers of the Sheriff.  Section 12 of the Court Officers Act 1945 relates to the appointment of the Sheriff. I should add that section 133 of the Land and Conveyancing Law Reform Act 2009 abolished the sheriff’s powers to seize a tenancy under a writ of fieri facias or other...

Written Answers — Department of Justice and Equality: Court Accommodation Provision (22 Mar 2018)

Charles Flanagan: As the Deputy is aware, under the provisions of the Courts Service Act 1998 management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it is...

Topical Issue Debate: Garda Strength (21 Mar 2018)

Charles Flanagan: I assure the Deputy the issue of the distribution of resources is kept under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am informed by the Garda Commissioner that, in regard to the deployment of Garda personnel, a distribution model is used which takes into account all appropriate factors,...

Topical Issue Debate: Garda Strength (21 Mar 2018)

Charles Flanagan: I thank the Deputy for raising this important matter. The distribution of Garda personnel and resources generally is exclusively the statutory responsibility of the Garda Commissioner as the allocation is based on a range of factors, including assessed policing needs based on crime trends and Garda intelligence. I am assured by the Garda Commissioner that the personnel assigned across the...

Questions on Promised Legislation (21 Mar 2018)

Charles Flanagan: The Deputy is around this House long enough not to believe everything that he reads in the newspapers in relation to reports.

Questions on Promised Legislation (21 Mar 2018)

Charles Flanagan: Having served in a number of Administrations the Deputy will have always abided by the doctrine of Cabinet confidentiality.

Questions on Promised Legislation (21 Mar 2018)

Charles Flanagan: I can say to the former Minister, in respect of this legislation, that we have had in excess of five days on Committee Stage, wherein a number of important amendments were made. There is now a period of reflection between Committee and Report Stages. I expect that in the next few weeks we can bring matters back to the House in terms of having Report Stage and have the legislation enacted....

Questions on Promised Legislation (21 Mar 2018)

Charles Flanagan: I thank the Deputy for raising this important matter. It is essential that Members do all we can to ensure there is no manipulation of voters nor any undermining of the fundamentals of our democratic system. The Deputy is correct that the Data Protection Bill is currently going through the Seanad. I have tabled several amendments to the Bill and understand that debate on it will resume...

Written Answers — Department of Justice and Equality: Legal Aid Service Staff (21 Mar 2018)

Charles Flanagan: As the Deputy may be aware, Abhaile, the national mortgage arrears resolution service, was launched in October 2016 and it includes a new scheme of independent financial and legal advice and assistance to insolvent homeowners who are at risk of losing their homes due to mortgage arrears. The scheme is co-ordinated by the Department of Justice and Equality and the Department of...

Written Answers — Department of Justice and Equality: Garda Data (21 Mar 2018)

Charles Flanagan: The Deputy will appreciate that the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter. I am advised by the Commissioner that mountain bike training was not provided in the Dublin...

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