Charles Flanagan (Laois, Fine Gael) | Oireachtas source

These issues will of course be subject to further consideration as the Bill travels from the Upper House to the Lower. I very much value the opportunities we have had over the past hour or more, having recommitted the legislation to Committee Stage. I acknowledge the breadth of the debate with Senator Higgins on one end of the argument and Senator McDowell on the other. The legislation attempts to reach a balance. Its essence is about the protection of the data of our citizens. This is important legislation for the consumer and the citizen, and for those whose data may well be the subject matter of abuse. Section 43 is important because it allows for something of a special status for the conducting of political activity, which as both Senators have said is important in the context of our democracy. We are traversing the terrain between Cambridge Analytica on the one hand and Cambridge Road, Rathmines, on the other. We need to address the balance here.

Senator McDowell is of the view that the section as currently constructed is too narrow and that in many ways it could well curtail or restrict what he, and I am sure all of us here present, would regard as lawful political activity. I remind Members that the revised text of section 43 refers to "electoral activity" rather than "election activity". Undoubtedly electoral activity is considerably broader in context than what might be described as a narrower election activity, lest Members be of the view that this provision would only apply within a certain timeframe, namely, during an election campaign, once an election has been announced or after these Houses have been dissolved. That is not the case. Electoral activity is considerably broader and, to my mind, will cover the issues as raised by Senator McDowell in terms of flexibility, or in terms of the processing of data for political activity. It will not just apply during the timeframe of an election campaign but perhaps at any stage in the context of our political deliberations. I feel that the element of flexibility in the revised text will meet the concern of Senator McDowell. It is broader, and it does denote a greater level of flexibility.

I found the debate useful, and while I do not accept amendments Nos. 28 to 30, inclusive, tabled by Senator Higgins, I acknowledge the importance of the issues she raised. The issue will be given further consideration. Even though Senator Higgins is not a Member of the Lower House, when the House is considering the matter I know she will be keeping a close eye on matters in any event, having regard to her interest in this issue. Article 9.2(d) of the GDPR relates to membership bodies, including political parties, but it does not refer to candidates, nor does it cover people going for electoral office, people entering an electoral contest or people engaging in political activity who are not members of a political party, for example, an Independent member seeking election to political office in this State. I also recall Senator Higgins using the phrase "pre-established contacts". If they are pre-established contacts, they are not new and if they are not new, they could well disadvantage, or be to the exclusion of, somebody who decides, not having engaged in the particular process, to run for office, not having done so in the past. Those people represent a very important aspect of our political engagement. It is important they would not be placed at something of a disadvantage.