Seanad debates

Friday, 23 October 2020

Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

The aim of invoking the workings of either the present commission or future commissions is immaterial as grounds for withholding information or not applying GDPR. In my view, GDPR qualifies and makes conditional both the National Archives Act, to some extent, and the 2004 Act because the provisions of those Acts have to be interpreted in a GDPR-compliant way, even though the GDPR makes provision for archives and the like. I am not absolutely clear how GDPR would interact with other statutory provisions, except that it is the law in Ireland now and a statute law has to be interpreted as conformable with GDPR.

I refer to the Minister's amendment, which would wind up the commission at the end of February. I always accept the rulings of the Chair. However, I submitted an amendment on Committee Stage to extend the commission by a few weeks and the Standing Orders of this House meant that the Chair felt obliged to say that it could have the effect of increasing the charge on the Exchequer. Therefore, it was ruled out of order. I just want to draw to the attention of the House to the fact that that provision in the Standing Orders is badly in need of reform.

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