Alice-Mary Higgins (Independent) | Oireachtas source

This is the most fundamental amendment. There was confusion in the Bills Office that three amendments due to be made in this section, the third of which would also include lines 13 and 14.

These are the grounds. This is probably the final substantive concern that we have. It relates to the fact that the purposes under which the Minister may prescribe rules and promises, procedures and standards relating to base registries, for example, and how information is recorded in public databases, include "to promote increased sharing of information between public bodies in accordance with this Act". We could end up with a tautology whereby one could share data to share data so that there is a kind of self-fulfilling loop. It could undermine much of the positive work that has been done on the rest of the Bill if we had a situation whereby promoting "increased sharing" became a value that we were pressing rather than the sharing of information being something that was necessary and proportionate given all the other excellent concerns that have been addressed in the Bill, which have made it more robust. It may be an oversight in that section.

I am conscious also that Chapter 3 of Part 9 reflects special categories of personal information. As the Minister of State pointed out earlier, what is set out in that section on governance under Chapter 3 extends much wider than this Bill. Effectively, it relates to much of what the Minister of the day might do in many areas. In that regard, lines 13 and 14 are a serious concern.

There are also concerns in respect of lines 15 and 16. The language is broad in terms of ensuring "a consistent approach to the management of information by public bodies so as to facilitate the exchange of information between them". Given that we have a number of other areas where performance of the functions, modernisation and appropriate management are addressed, I do not know what is added by that caveat. There is a danger that we fall into that same trap of administrative concerns being the driver in this regard.

I will probably press is the amendment providing for the removal of lines 13 to 16, inclusive, but my primary concern relates to lines 13 and 14.It would be very positive if the Minister of State could indicate that he will move on these issues. If not, I will press the amendment proposing the removal of lines 13 to 16. The section has a very wide impact and it does not just relate to personal information but to special categories of personal information.