Joanna Tuffy (Labour)

I welcome the main purposes of the Bill and the amendments before us. The Labour Party greatly welcomes this legislation and has a responsibility in relation to the same, having secured the inclusion in the 1994 programme for Government that the provisions of the Data Protection Act be extended. I agree with Senator Brian Hayes that there is a need for consolidation of the legislation and would like to hear the Minister of State's views.

In the time available to examine the amendments today, it has been difficult to grasp their meaning. I would like the Minister to clarify one or two points in particular. One concerns amendment No. 4. I appreciate the Minister's explanation for deleting the words "and lawfully", but I wonder whether that is necessary. If it was thought acceptable to include it in the original Bill, it seems reasonable to leave it in.

I totally accept the Minister's explanation for amendment No. 7, but I have concerns about its implementation and whether the Minister is happy. It does not clarify the age of the person and whether he or she consents. I would like to hear the Minister on how the Data Protection Commissioner will implement that section.

Amendment No. 21 concerns the substitution of "processing" for "disclosure" in each place where it occurs. I know that disclosing information is included in the definition of "processing", but I ask the Minister if he is happy to replace each mention of "disclosure" with "processing", for the meaning might be different in the original legislation. I ask the Minister to clarify that amendment.

Senator Brian Hayes's point about the importance of politicians being registered is very true. Solicitors have an education programme about the effect of the legislation on them, and perhaps we in the Houses of the Oireachtas should have some training about the Act and its implications for how we comply with the legislation in holding data. I also agree with Senator Hayes's point that we do not know what form the Freedom of Information Act will take, since it is still in progress through the Houses of the Oireachtas. It would have been better to adopt this legislation with that knowledge to hand.

Perhaps the Minister might further clarify the purpose of amendment No. 18. I am concerned that the wording is particularly broad.