Alice-Mary Higgins (Independent) | Oireachtas source

The Minister stated that information relating to criminal acts was brought to the attention of the relevant authorities at the time. In that case, I am surprised that we have not seen a raft of prosecutions. It seems clear from what we have heard that large numbers of illegal acts have taken place. I acknowledge that the Minister will be engaging with the Garda when the final report comes through but it would be useful to know when illegal acts have been identified. Might we anticipate prosecutions and legal proceedings?

The message coming out regarding the Data Protection Commissioner is exactly what we have said repeatedly, namely, that it is not legal to have a blanket provision. I acknowledge that the Minister was indicating his wish but we need to be stronger than that. Even if we want to ensure this legislation does as desired, the Minister needs to be clear that his understanding is that he will be making different and diverse decisions in regard to each subject access request he gets, that he will be balancing those out on each occasion, that there will be no blanket provisions and that there will be due consideration. He is now at a point where he is in jeopardy. If we suggest that we are accepting a seal or an implied seal for now and that we will re-examine the matter later, it needs to be clear that this is the Minister's understanding because otherwise this Bill will have the potential to be illegal. That is an important point to be addressed.

The Minister indicated that he is not now dealing with the question of people's statements. If people are being asked whether they want their information redacted, surely they need to be either given copies of their statements or afforded the opportunity to obtain copies. It is surely detrimental to the operation of future commissions and the co-operation of future witnesses not to give a witness a copy of her own testimony. I tabled an amendment previously based on this interpretation. I realise that the Minister does not like to direct the commission but I would like him to clarify whether he will be engaging with it. In the process of seeking preferences in regard to redaction, will he be asking it to furnish witnesses with copies of their own statements?