Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I cannot accept the amendment, the effect of which would be to remove the need for the head of the national unit to be satisfied that information provided will not be further disseminated without the prior consent of the unit and, instead, would require the head of the unit to receive a guarantee that information would not be so disseminated. In theory, the amendment could give rise to a scenario where although the head of the national unit may receive a guarantee with which he or she for whatever reason is not satisfied, he or she would nevertheless be required to provide the data in question. In other words, the amendment may lead to there being less protection. Under the current wording, if the head of the national unit is not satisfied, for whatever reason, that prior consent will be sought for the further use of transmission of data, he or she will not be permitted to transmit the data. There are numerous similar examples on the Statute Book requiring the courts, judges, Ministers, officeholders, officials, etc. to be satisfied in respect of particular information. The important element is the frame of mind of the decision maker. It is that person who must be satisfied about the circumstances of a particular situation. There are several similar provisions on the Statute Book in so far as provision is made for the State to co-operate in the exchange of information with other states. I am afraid that in the circumstances I cannot accept the amendment.