Seanad debates

Tuesday, 22 May 2018

Data Protection Bill 2018: [Seanad Bill amended by the Dáil] Report and Final Stages

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

On the final point made by Senator Higgins, if there is leakage it would be inappropriate, and if there is inappropriate leakage there will be sanctions.

I shall make some brief comments on the amendments with regard to setting of the digital age of consent. I acknowledge the will and wish of Dáil Éireann as far as this issue is concerned. It is not my intention to revisit the debate in its entirety but while acknowledging the majority view of the House I do not agree with it. It is not my intention to revisit the putting of the amendment in any other form. I assure Senators that the only issues with which I have a real and serious remaining problem are issues that might have been the subject of amendment in Dáil Éireann, and that may have constitutional consequences or may give rise to infringement proceedings on the part of our EU colleagues. I accept the view of Dáil Éireann.

Senator Higgins referred to a delay but I assure the House that there will be no undue delay. I am very supportive of the objective of the new section. I intend to ensure that we have the appropriate level of advice from the Office of the Attorney General at the earliest opportunity. I cannot do anything further than that. The creation of a new offence, under this section, will require an element of advance notice so that individuals - or anybody who may be involved, affected or interested - will know that they are committing an offence that is criminal in nature and hence the issue being discussed today. I am happy to engage bilaterally, perhaps with Senator Higgins or with the spokespeople, as soon as the advice comes through. I assure the House of my support for the objective, subject to receiving clearance and no undue delay. The only reason I ask for forbearance now is to ensure we meet our commitment to the completion of the legislation.

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