Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I merely want to point out that if people believe that the Minister has a free hand they are mistaken. Sections 33, 35, 50, 68 and 90 contain provisions for the making of statutory instruments to give further more detailed effect to various provisions in the Bill in accordance with Article 36(4) of the GDPR. Section 79(12) of the Bill provides that the commission must be consulted in advance of any regulations being made. The Minister intends to make regulations and will already have consulted with the Attorney General to ensure that they are compliant with the policies and the principles outlined in the appropriate regulation-making provisions. The obligation in the GDPR and section 79 of the Bill is to consult with the data protection commission. It will be a matter for the commission to decide whether, and if so, to what extent it wishes to provide its opinion or, indeed, advices or guidance in regard to any proposed regulations.

Sections 19 and 25 of the Bill provide for accountability of the commission to the Oireachtas committees. It will be a matter for the relevant committees of the House to make any necessary arrangements for the provision of information to them on the activities of the commission, including the provision of the commission's views on secondary legislation such as statutory instruments made under this legislation. Moreover, Article 57(1)(c) of GDPR makes it clear that the commission may advise national Parliaments or other bodies on administrative or legislative measures relating to data processing.

I have a difficulty accepting the amendments but I do acknowledge the points made by Senator Higgins.