Results 10,801-10,820 of 21,096 for speaker:Charles Flanagan

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I have some sympathy with the issue at hand. I acknowledge the reasons advanced in support of the far-reaching new section that is being proposed. The position I am adopting in respect of it is the same as the position I adopted earlier when I dealt with a proposal that was first mooted at the Joint Committee on Justice and Equality. I am not going to accept it now because I believe we...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: This amendment provides clarity in relation to the function of the data protection commission under section 90. It clarifies what is already implicit in section 90(3), which is where the commission informs a data subject that it has carried out all necessary verifications or reviews in response to his or her request. It is not obliged to inform the data subject concerned whether his or her...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Section 91(1)(a) and (b) are alternatives and if there is a legally-binding instrument in place that ensures the appropriate safeguards, that of course is sufficient. If there is not, then section 91(1)(b) will apply and the controller will be required to make details of the transfer available to the Data Protection Commission. I cannot accept amendment No. 55 nor am I in a position to...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There are seven amendments being discussed, five of which are in the name of Senator Alice-Mary Higgins, while two are Government amendments. Amendments Nos. 60 and 62 speak to the possibility that the commission might not investigate or dismiss complaints on the grounds that they were vexatious or frivolous. That would not be acceptable. Subsection (1) which complies with the GDPR...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I will not accept amendment No. 65 because I do not think including the words proposed and the rationale for said action is needed because all administrative bodies, including the data protection commission, will be required on a general basis to give reasons for their decisions. Without knowing the reasons, it would be very difficult or virtually impossible to appeal a decision. There is...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: -----is necessary because in any reference to a resolution that might be reached on amicable terms express consent would be necessary. One cannot have a resolution on an amicable basis without there being consent. Subsection (4) makes it clear that where the commission considers an amicable resolution cannot be reached, it will then proceed to handle the complaint under subsection (5) or...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I certainly do not see it happening. In the event that it should happen, I would regard it as being less than acceptable if a blanket policy decision was made in such circumstances.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I know the point the Senator is making but there is a difficulty, and that difficulty would preclude me from accepting the amendments because circumstances could arise which would seriously frustrate and even jeopardise an investigation being carried out by the commission. If these amendments were accepted and inserted in the text, my concern would be that they would render an investigation...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: This is an issue that arose on Second Stage and that has also been in the public domain in the context of this legislation and the general data protection regulation. I put forward reasons administrative fines should be imposed on public authorities and bodies only where they were acting as undertakings as understood under competition law. It is important that we distinguish between the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There is no question of acting with impunity or any public body or company not being held responsible for its actions, be it a breach or anything else. A civil remedy is available to an injured or complaining party. Preparing or listing penalties and fines in law, in many ways, might accord with the reality of business, but I would like public bodies to apply the highest standards as they...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I would like to see a regime in place in the public sector that would ensure the application of the highest standards. That, rather than a list of substantial fines, should be the focus of our endeavours. When public bodies and authorities act as undertakers or engage in private sector competition, there should not be an unfair advantage to the private sector, as evidenced by Senator...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: In the event that the House will divide on the amendment, I am prepared to reconsider it on the basis of what the Senators have said, but I do not want to see a circular flow of public money as conceded by Senator Alice-Mary Higgins. Let us see what we can do between now and the next Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There is merit in the amendment It is constructive and worthy of further consideration as an alternative to the imposition of administrative fines. In effect, this is a form of public naming and shaming. With the assent of the Senator, I will come back to the amendment. I would certainly be willing to revisit the matter on Report Stage and have a look at the wording. We can revisit the...

Written Answers — Department of Justice and Equality: Criminal Injuries Compensation Tribunal (6 Mar 2018)

Charles Flanagan: The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation under the Scheme. The Deputy will appreciate that in these circumstances I cannot comment on...

Written Answers — Department of Justice and Equality: Garda Strength (6 Mar 2018)

Charles Flanagan: As the Deputy will appreciate, it is the Garda Commissioner who 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...

Written Answers — Department of Justice and Equality: Immigrant Investor Programme Data (6 Mar 2018)

Charles Flanagan: The operation of  the Irish Diaspora Loan Fund (IDLF) is not a matter for my Department.  I presume, however, that the Deputy is referring to applications submitted by the IDLF to the Immigrant Investor Programme (IIP) which was introduced by the Government in April 2012 to encourage inward investment so as to create business and employment opportunities in...

Written Answers — Department of Justice and Equality: Wards of Court (6 Mar 2018)

Charles Flanagan: As the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.  However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me...

Written Answers — Department of Justice and Equality: Garda Investigations (6 Mar 2018)

Charles Flanagan: The Deputy will appreciate that it is An Garda Síochána who are responsible for the investigation into any suspected criminal activity in the first instance and I, as Minister for Justice and Equality, have no direct role in such matters. However, to be of assistance I have made arrangements for the Deputy's concerns to be brought to the attention...

Written Answers — Department of Justice and Equality: Naturalisation Applications (6 Mar 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have received a request for permission to remain in the State from the person concerned. This case is among a number of such cases which are currently being held by my Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in  Luximon v....

Written Answers — Department of Justice and Equality: Residency Permits (6 Mar 2018)

Charles Flanagan: I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused a residence card on 6 April 2017 as they were not in compliance with the provisions of the European Communities (Free Movement of Persons) Regulations 2015. I also understand that INIS received a request for a review of that decision on 15 May...