Seanad debates

Wednesday, 1 July 2009

Local Government (Charges) Bill 2009: Committee Stage (Resumed)

 

7:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

I thank the Minister for his clarifications. However, he has not answered my question. Has the Department consulted the Office of the Data Protection Commissioner regarding the provisions of the Bill? The legislation will require data held by agencies - State, semi-State and others - to be shared. The ESB, for example, is now divided between ESB Networks and ESB supply. Data protection legislation precludes information transferring between those two ESB divisions. That is because of the open market in the supply of electricity. I do not believe the legislation covers all bases. The explanatory memorandum explains that information from the ESB is included to measure electricity usage in holiday homes and other homes used as second dwellings. Many such houses can now be supplied by suppliers other than the ESB, which are not included in the legislation. That base is not covered.

I would like to hear more about the Data Protection Acts. Has the Minister consulted the Data Protection Commissioner? Does the Bill comply with data protection legislation? I have concerns regarding this area and they were outlined to the joint committee by the Department of Social and Family Affairs.

This is where legislation should be debated and analysed and its shortcomings identified. I seriously suspect there are shortcomings in this section.

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