Alice-Mary Higgins (Independent) | Oireachtas source

This relates to an issue of transparency. My concern is that currently line 6 states that the formal requirement in a data-sharing agreement is simply that it must be in writing. It certainly cannot exist in thought alone and, therefore, the requirement that it be in writing is good and clear but we need more than that. I am sure it is probably the intention, but the data-sharing agreement should not only be written but also published. The question then arises as to where it should be published, accessed and shareable. The proposals I make in these amendments are that it could be published and made available to any Oireachtas committee on request. For example, if a committee is dealing with local government and sport, a data-sharing agreement might be implied and the relevant committee should be able to access it. If there was a data-sharing agreement between an educational body and another body, the relevant committee would be able to access it and it would be made available.

I recognise that this will be pushed back. My original proposal had been that an opinion on each data-sharing agreement should be sought from the DPC and published before the date of commencement of the agreement, and made available to Oireachtas committee on request. I can anticipate the concerns there might be about that as I know the Government wishes to ensure the independence of the commissioner's role. I am happy to review this but my intention is not that the commissioner would be consulted in advance of the data-sharing agreement, rather, that following the agreement between the public bodies, there should be an advance opportunity to give an opinion on it prior to its commencement. It will make the life of the DPC's office easier if it does not have to respond following commencement, and mistakes could be avoided. The commission will not be involved in the preparation of the data-sharing agreement but, following the conclusion of the agreement, it should be given the opportunity to express an opinion prior to commencement. If issues arise, we would anticipate the problem rather than retrospectively seeking to address it. My preferred version, therefore, is No. 25.

Amendment No. 26 has the same intent. It is a simple amendment relating to the publication of data-sharing agreements, but I am also happy if the Minister of State has another way to address that issue.