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

Niall Ó Donnghaile: I move amendment No. 19:In page 29, to delete lines 13 to 15. I will withdraw amendment No. 19 while reserving the right to resubmit it on Report Stage. Sinn Féin will support amendment No. 21 in the name of Senator Higgins.

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

Niall Ó Donnghaile: I move amendment No. 22:In page 30, line 5, after “necessary” to insert “and proportionate”. This is a simple change to insert "proportionate" after "necessary". It is straightforward. It relates to a belief or a worry that there is an overt degree of power and discretion granted to the Minister in this regard. I think we can just speak on amendment No. 22 at...

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

Niall Ó Donnghaile: Sin mo mhéid ar leasú Uimh. 22.

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

Niall Ó Donnghaile: I move amendment No. 23:In page 30, between lines 14 and 15, to insert the following:“(4) (a) Such regulations shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission. (b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of special...

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

Niall Ó Donnghaile: I will say very briefly that I am prepared to withdraw amendments Nos. 30 and 31 and to reserve the right to table them again on Report Stage. The Minister had indicated that he would be open to looking at amendment No. 31 which proposes to insert “and proportionate” after "necessary" in section 54(3)(a).

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

Niall Ó Donnghaile: So that is okay. I withdraw amendments No. 30 and 31 on that basis and reserve the right to table them again on Report Stage.

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

Niall Ó Donnghaile: I move amendment No. 36:In page 37, between lines 28 and 29, to insert the following:"(11) (a) Any regulations under this section shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission. (b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of...

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

Niall Ó Donnghaile: I move amendment No. 44:In page 65, between lines 3 and 4, to insert the following:"Protection of data protection officers83. (1) The Data Protection Commission, shall provide a protection, whereby data protection officers may seek the assistance of the Data Protection Commissioner, due to the fact that the data protection office is not in a position to carry out their role fully, due to...

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

Niall Ó Donnghaile: It is important to say, a Leas-Chathaoirleach, at this juncture that I am always far-reaching so I will always stretch my neck out. Based on what the Minister has said and earlier considerations, I do not want to divide the House on issues. I fundamentally believe in the sentiment and practicalities sought by my amendment. The Minister has given me a number of assurances that he will try...

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

Niall Ó Donnghaile: I move amendment No. 85:In page 113, between lines 10 and 11, to insert the following:“(3) The Commission may decide to impose an administrative fine on a controller or processor that is a public authority or body.”. I presume we are ploughing on beyond 8.40 p.m.

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

Niall Ó Donnghaile: The Leader is on his way to come to the rescue. I know that we are not allowed to filibuster, but I will try to ensure the Leader makes it here on time. Amendment No. 85 would provide that "[t]he Commission may decide to impose an administrative fine on a controller or processor that is a public authority or body". It would allow public bodies to be fined for breaches of data protection...

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

Niall Ó Donnghaile: Senator Alice-Mary Higgins surmised much of what I was going to say to the Minister. It might just be legislative fatigue at this stage, but I did not hear anything from the Minister which convinced me that there would be repercussions for public bodies or other entities in breach of data protection rules, regardless of whether it was a one off or consistent.I did not hear anything from the...

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

Niall Ó Donnghaile: Senator Alice-Mary Higgins has said all I wanted to say about fines. I agree with the Minister that we all want to see the highest standards implemented by public bodies to ensure data protection. For all of the reasons outlined by the previous speaker, nothing in the amendment would prohibit organisations from adopting the highest standards of data protection protocols and directives. It...

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

Niall Ó Donnghaile: In keeping with the charitable spirit of the night and because I have every faith in the Minister, I will withdraw the amendment and reserve the right to resubmit it on Report Stage.

Seanad: Order of Business (28 Feb 2018)

Niall Ó Donnghaile: Go raibh maith agat, a Chathaoirligh, agus ba mhaith liom féin cur leis na focla atá ráite faoi mo chara Trevor Ó Clochartaigh go dtí an pointe seo. Tá mé ag dul chun beannachtaí a fhágail leat ach níl mé ag dul chun slán a fhágáil leat ag an phointe seo. Mar a dúirt roinnt mhaith de na seanadóirí beidh...

Seanad: Order of Business (28 Feb 2018)

Niall Ó Donnghaile: Absolutely.

Seanad: Order of Business (27 Feb 2018)

Niall Ó Donnghaile: I will begin by referring to the weekend's march for truth that took place in Belfast. I flagged it when the event was first announced by victims' families and campaigning groups, and I encouraged Members and those available to attend it. I went on Sunday. There were thousands of people on the streets of Belfast, the vast bulk of them victims and survivors - people who have lost loved ones...

Seanad: Order of Business (27 Feb 2018)

Niall Ó Donnghaile: It is something I and colleagues from Fianna Fáil have raised in the House. I have no doubt we will continue to raise it. I referenced it last week so I will not go into it in any great detail at this stage. I note too, with regard to the broader issue of victims and where it sits in the current political discourse in the North, that the victims' commissioner in the North was on the...

Seanad: Public Service Superannuation (Amendment) Bill 2018: Second Stage (27 Feb 2018)

Niall Ó Donnghaile: Cuirim fáilte roimh an Aire. I hope he will forgive me for reading notes from my iPad. I know Senator Norris will not.

Seanad: Public Service Superannuation (Amendment) Bill 2018: Second Stage (27 Feb 2018)

Niall Ó Donnghaile: I will just have to plough on regardless. Sinn Féin will be supporting the Bill. To a large extent, it is a relatively minor technical Bill. It is intended to address the unintended effect of the retirement provision applying to members of the Garda Síochána who entered service on or after 1 April 2004 and external candidates for appointment to the rank of Garda Commissioner...

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