Alex White (Dublin South, Labour) | Oireachtas source

Although the regulation-making power in the proposed section is expressed as "may" and it is not framed as a mandatory obligation on the Minister, it remains the case that the regulations permitted under the section form part of the overall scheme of the Bill. The Data Protection Commissioner has been enormously helpful and supportive of this entire process, but the decision to bring forward this legislation was my decision. It was the Government's decision on my recommendation. I do not want anybody to think we are in some sense being directed to bring forward legislation. Although the Data Protection Commissioner has been extremely helpful and supportive it is my call and I take absolute responsibility for having this legislation drafted and bringing it before both Houses.

I am tempted to tell the Senator I shall certainly bring forward the regulations. The Department is drafting them. It is part of the scheme of what we intend to do. Substituting the word "may" with "shall" would not make any constructive difference to the process as it stands. When I was a Member of this House we had debates on other legislation as to "may" and "shall". The view taken generally about the use of the word "may" is it is in legislation to enable a Minister to do something. It is not mandatory that a Minister do it but it is there to say it is part of the scheme of what it is intended to do. One puts into primary legislation the basis on which it would be done, in other words an enabling provision for the Minister to do it. It will be done and it shall be done. It is not necessary to put it in the legislation. Regrettably, in the circumstances I will not accept the amendment, but I take very much the thrust of what the Senator has said and assure him of my bona fides in this regard.