Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 8, between lines 27 and 28, to insert the following:“Transfer of data outside jurisdiction
12. Data may not be transferred to another jurisdiction for the purposes of it being used against an individual who has already stood trial and been acquitted in this jurisdiction.”.

Go raibh míle maith agat, a Chathaorligh, and I concur with you.
Ba mhaith liom comhghairdeas a dhéanamh leis an Aire Stáit as an gceapachán atá faighte aige. Tá súil agam go n-éireoidh go geal leis ina phost nua. I wish him all the best in his new position. This is the first time I have had an opportunity to address him. I hope he enjoys his new role and wish him all the best with it.
Sinn Féin tabled two amendments, for today, on the two different Bills which are retrospective and relate to the issue I raised on Second Stage. The rationale behind this amendment is that any data collected under this legislation should have to comply with standards in the Twenty-six Counties and not those of any other member state. Sinn Féin does not want to see a situation where data that is being shared in good faith leaves the hands of another member state when its no longer under the standard under which it left Ireland. We feel we cannot afford to see an abuse of power by governments in this area. I cite the example, in recent years, when Mr. Frank McBrearty, Jnr., tried to enter the US with his family but was refused entry by the US authorities. He was refused entry on the grounds that he had a conviction for assault despite it being overturned and being found to be innocent of the charges levelled against him. We feel the matter raises very serious concerns on how data on individuals is retained in this country and then exchanged with agencies in other jurisdictions.
Already there are problems with data protection standards in various police forces. In England it was disclosed that British files wrongly list thousands of people as criminals resulting in many of them being refused employment. We must be careful, if data is being recorded, that it is recorded accurately and that proper regulations are in place with a data controller. In general, Sinn Féin supports the Bill but we feel this issue will add to people's fears about data protection. We have seen so many instances of online misuse of data, etc., that we feel our amendment would strengthen and improve the Bill in a very small way but in a way that we hope the Minister of State would take on board and accept.