Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Senators will recall that several sections, notably sections 35, 37, 48, 52, 57 and 70, provide for possible future regulations to be made by the Minister for Justice and Equality or another Minister. The Bill, as initiated, provided for consultation by the relevant Minister with the Minister for Justice and Equality and the data protection commission prior to the making of regulations. Nonetheless, concerns were expressed in the House that the Bill granted an excessively wide margin of discretion to Ministers and that improved oversight by the Oireachtas would be desirable. Dáil amendments to the relevant sections have strengthened the role of the data protection commission and oversight by both Houses of the Oireachtas.

As regards amendments Nos. 30, 32, 38, 44, 53 and 67, they will mean that where the Minister for Justice and Equality or another Minister consults the data protection commission on proposed regulations, the commission may make observations in writing on any matter that is of significant concern to it regarding the proposals. If the Minister or relevant Minister proposes to proceed to make the regulations notwithstanding that concern, that Minister must provide a written explanation as to why he or she is proceeding to do so to the justice and equality committee of the Houses or any other relevant or appropriate committee. That will ensure that any commission concerns that have not been taken on board by the relevant Minister must be brought to the attention of the appropriate Oireachtas committee.

In addition, amendment No. 5, which amends section 6, will require that in the case of any regulations to be made under sections 48, 57 and 70, such regulations may be made only if both the Dáil and Seanad have passed resolutions approving the draft regulations. Amendment No. 31 deletes section 35(7) and its content is transferred to section 48 by means of amendment No. 38. I am sure Senators will fully agree with the amendments which allow for a greater level of oversight and input by Members of this House and Members of Dáil Éireann.