Joanna Tuffy (Labour)

I have similar concerns to Senator Cummins. While my amendments are slightly different, they propose to address the same issues. On Second Stage, I raised my concerns about these sections which I propose to amend.

On amendment No. 22, I believe the section is flawed in that it does not limit the purposes for which the information can be used pending the Minister's decision. As I pointed out previously, another country can decide to access material pending consent from our Minister. The section allows that country to use material in the meantime, even though the Minister might subsequently not give his consent to the request. While I am restricted in what I can do in terms of the legislation, I am trying to at least make the section as restrictive as the convention, which the section is supposed to be implementing. This is the reason for the wording in amendment No. 22.

Amendment No. 24 relates to my concerns about the obligations of companies under section 27. I raised my concerns on Second Stage about a company not getting co-operation from the corresponding company in the other country, which would mean they could not live up to their obligations under the section. I am trying to provide them with a small and restricted defence if they were in difficulty and needed to defend themselves in legal proceedings.

Under the convention, we are limited in what we can do in terms of amending the legislation. However, the Minister should examine issues relating to people's rights, particularly in regard to another country coming here, getting material, accessing data and so on. Ireland has the Data Protection Act which provides accountability and some protection for people. We need to consider introducing measures that would provide this type of protection on an intercountry basis. Does the Minister have any plans in this regard?