Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 51

In page 74, line 30, after “Commission” to insert “and subject to Cabinet approval”.

My amendment refers to another restriction. Section 89 refers to the restrictions on the exercise of data subject rights. This is another section that restricts the right of an individual in terms of data protection. My amendment expresses my concern, which has been flagged very heavily, about simply allowing ministerial discretion after taking advice from Cabinet. I tabled these amendments quite early. My proposals for section 32 might be more appropriate here. I wish to note the proposal put forward by Sinn Féin in respect of the following idea. If a Minister is going to decide to restrict an individual's or a data subject's rights, or produce regulations that allow for such restrictions, it should not be enough to simply take advice from the commission. Instead, if a Minister chooses not to follow advice then he or she should explain the rationale for his or her decision.

My amendment No. 51 seeks to insert the phrase "subject to Cabinet approval," which is in the spirit of collective responsibility. I tabled my amendment to prevent a situation where an individual Minister may, for example, choose to introduce regulations that restrict data subject rights without the full knowledge of all of the Government, given that the consequences of a breach of the general data protection regulation, GDPR, will certainly fall on all of the Government and, indeed, the State as a whole.

I will not press my amendment. I wish to highlight the fact that the restriction has been approached from three or four different angles in this Bill. Until we deal with the inappropriately high level of pure ministerial discretion in this Bill then the matter will arise in multiple forms. Finally, I reserve the right to come back to this matter on Report Stage.