Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I thank the Senator and the Cathaoirleach for their kind words. It is a pleasure and great privilege for me to be here for the first time and I hope to return on another occasion. I also convey the apologies of the Minister, Deputy Frances Fitzgerald.

The Senators' amendment provides for the insertion of a new section in the terrorist offences Bill prohibiting the transfer of data "to another jurisdiction for the purposes of it being used against an individual who has already stood trial and been acquitted in this jurisdiction".

In the case of this Bill, any transfer of data to another jurisdiction would be governed by EU law or the terms of the Council of Europe Convention on the Prevention of Terrorism, the text of which is set out in Schedule 2 to the Bill. Paragraph 2 of Article 17 of the convention provides that parties will carry out their obligations in relation to international co-operation in criminal matters in conformity with any treaties or other agreements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements parties will provide assistance to one another in accordance with their domestic law.

The Office of the Parliamentary Counsel has advised, therefore, that the provisions of the Criminal Justice (Mutual Assistance) Act 2008, as amended, would apply in this case and that no further provision is required in this Bill as proposed by the amendment. The mutual assistance Act provides the legal framework for the provision of assistance that applies to offences across the Statute Book. It is appropriate for all requests for assistance and transfers of data to be dealt with within the context of that framework, rather than by way of individual legislative provisions.

There are restrictions on providing assistance contained in the 2008 Act. In the context of the international agreements concerning mutual assistance arrangements to which the State is a party, this is the appropriate framework within which decisions on mutual assistance should be taken.

As the Senator will be aware, I have been appointed as the Minister responsible for data protection. The data protection legislation also provides for the necessary checks and balances in regard to transfers of data and data protection.

As requests for assistance and restrictions on assistance are already provided for in mutual assistance legislation and as data protection legislation provides a sufficiently robust regime to protect data transfers, it is not proposed to accept the amendment.