Mark Daly (Fianna Fail) | Oireachtas source

I move amendment No. 11:

In page 8, line 5, to delete “may” and substitute “shall”.

I know I will be relying on the Minister's word on this one. We are all conscious of the words "may" and "shall" inserted in Bills. The Bill refers to the requirement on the Department regarding the procedure to be followed in investigating complaints, the requirements to be complied with by complainants and so on. I know the Minister is doing it but the reason behind the primary legislation is that the onus is on the Department that it must do it. We have been given assurances that it is in the process of doing it but, as often happens, between the primary legislation and the regulations, sometimes it does not happen. The word "may" is inserted to allow for the opt-out in that if it does not happen, no one is breaching anything. I know the Minister is doing it and that it is all in train, but the reason behind the primary legislation is to keep the word "may" out of something. The word "shall" is far more important and powerful. I ask the Minister to consider inserting the word "shall" in the Bill. This is the reason for some of the concerns about the Bill and the reason the Data Protection Commissioner asked for this primary legislation in regard to remedies and redress available to complainants. It must be done. This is the core issue behind the legislation but we are saying in the primary legislation, that we might do what the commissioner said. The primary legislation is about ensuring that all the regulations will, not may, meet the requirements of the Data Protection Commissioner.