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 Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I thank the Minister of State, Deputy Breen, for his clarification on the amendments.When the House dealt with Committee and Report Stages, concern was raised by a number of people about their role in engaging with local authorities and their members. A number of colleagues in the Fine Gael Parliamentary Party raised serious concerns about how this would impact on those people doing their job daily.

Ireland and Malta are the only two countries in the world with a proportional representation single transferable vote system, PR-STV, on a multi-seat constituency basis which creates a certain dynamic and requirements. Ireland is probably even more distinct than Malta in that people go to their elected public representatives for citizens' advice and information. Deputies, Senators and local authority members provide an advocacy role for their constituents with local authorities and various State agencies as well as private financial institutions. I regret that banks and other private companies are not covered by the Bill. If we are asked to advocate with a financial institution which is privately owned, I understand we will be subject to the same data protection requirements as anybody else.

If we are engaging with public organisations, such as SUSI, the fact that public representatives have a mandate means that they have an implied and absolute authority and freedom from any data protection requirements to engage, as do their staff. Constituency staff in my constituency, that of the Minister of State, Deputy Breen, and anybody else's who have to advocate and engage to try to resolve a difficulty for constituents can do that. The data protection legislation, which is very important in the advancing ICT world, will not preclude representatives from advocacy. It would be a great pity if a culture of political representation on behalf of constituents were to be stopped or frustrated in any way as result of important data protection legislation.

I am glad that Minister, Deputy Flanagan, following the substantial case I made on behalf of Senators and our colleagues in local authorities, has responded positively and has brought in a suite of amendments to ensure that we can continue to do our job and perform our role as we have done.

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