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Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I am surprised at Senator McDowell.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I am pleased to have had the opportunity to listen to the contributions over the past couple of hours. I acknowledge the depth of the debate, which I have found very useful. It has been exactly as it should have been.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I acknowledge what Senators have had to say on this complex issue. It is an issue on which there are sharply divided opinions and different perspectives. It is an issue where there is no right or wrong but our objective is shared, which is to do our best for society, in particular our children, an age of consent for those who are the subject of these amendments. It is important to go back...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: That is fine. The debate on the Bill and these amendments is taking place against a background of what has been a significant amount of discourse over the past year or more. I remind Senators that two public consultation processes, which were publicly advertised and in respect of which submissions were sought, have taken place. Indeed, following the completion of these consultations by...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I also want to refer to the submissions made by Dr. Geoffrey Shannon, the special rapporteur on children's issues. Dr. Shannon has done a particularly good job on children's issues over the years. He also recommended the setting of the age of consent at 13 and so did the committee in its report. I strongly agree with what Senator Clifford-Lee said when referring to knowledge, information...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I thank the Senator. I wish to briefly refer to Senator Ruane's amendment. I am very much inclined to agree with her. I am very struck by her personal experience and her practical approach.I also listened to the supporting commentary of Senator Higgins. Having regard to the fact the amendment was only tabled yesterday and was only seen by me yesterday, I do not think it is unreasonable if...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: -----put forward by Senator Ruane. I will ask that we revisit this, in the spirit in which I believe the debate has been held. I very much value the comments made by Senators and the contributions over the past couple of hours. It is a long time since I was in a debate where three amendments took in excess of two hours or more. I welcome this because it is testament to the importance of...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: We can look at it.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: We can see how best we can do it. I will leave it at that for the moment.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I will be introducing regulations in the normal course. There is provision under Article 37, which deals with the designation of the data protection officer, in terms of there being scope for a group of entities appointing a single data protection officer but obviously there would have to be guidelines and regulations to ensure that there was access across the various undertakings or...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: I note that is from where the Senator is coming on this point, rather than using the groups as a specific designation.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Charles Flanagan: Yes.

Written Answers — Department of Justice and Equality: Criminal Prosecutions Data (27 Feb 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, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had inquiries made with the Courts Service and the information...

Written Answers — Department of Justice and Equality: Garda Data (27 Feb 2018)

Charles Flanagan: I propose to take Questions Nos. 293 and 294 together. I have requested the information sought by the Deputy from the Garda Commissioner and when this is to hand, I will write to the Deputy directly. I wish to make clear to the Deputy that the archiving of records, in this case metadata, is an operational matter for the Garda Commissioner. The control, direction and operation of An Garda...

Written Answers — Department of Justice and Equality: Garda Deployment (27 Feb 2018)

Charles Flanagan: I propose to take Questions Nos. 295 to 297, inclusive, together. 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...

Written Answers — Department of Justice and Equality: Freedom of Information Data (27 Feb 2018)

Charles Flanagan: My Department processes all Freedom of Information requests received. From 1 January 2010 - 31 December 2017 my Department has received 5,580 requests. All requests are dealt with upon receipt and therefore none have been escalated to the Office of the Information Commissioner as a result of not being processed. During this timeframe, the Office of the Information Commissioner reviewed 146...

Written Answers — Department of Justice and Equality: Personal Insolvency Arrangements (27 Feb 2018)

Charles Flanagan: The section 115A court review process, introduced with effect from November 2015, permits a debtor to ask the court to review and assess the reasonableness of a Personal Insolvency Arrangement proposal which has been refused by creditors and which includes mortgage arrears on the debtor’s home. During the section 115A court review, the court considers the reasonableness of the refusal...

Written Answers — Department of Justice and Equality: Personal Insolvency Arrangements (27 Feb 2018)

Charles Flanagan: Section 102(6) of the Personal Insolvency Act 2012 contains a non-exhaustive list of secured debt treatment that may be included in the terms of a personal insolvency arrangement. This list includes interest only payments for the term of the arrangement, part interest and part capital payments, interest rate reductions, principal reductions and creditor agreement to a reduction in the...

Written Answers — Department of Justice and Equality: Personal Insolvency Arrangements (27 Feb 2018)

Charles Flanagan: The Personal Insolvency Act 2012 has modernised the regime for personal insolvency and brought Ireland in line with international best practice by providing for a range of debt resolution options within a statutory framework which balances the rights of creditors and debtors. The Personal Insolvency Arrangement, in particular, is an innovative solution that seeks to restructure or settle...

Written Answers — Department of Justice and Equality: Immigration Status (27 Feb 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 16 December 2010. Representations were received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended)....

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