Alice-Mary Higgins (Independent) | Oireachtas source

I will speak to a couple of these and indicate that there are a couple of areas where I may reserve the right to bring amendments on Report Stage, should these amendments be successful. I imagine they will be. I also have a couple of questions for the Minister. He has already partly answered one of them in relation to the question of a fleet. I was wondering where that fit in terms of haulage and hauliers. I think it is a step forward to have proper accountability when it comes to haulage fleets. It is my understanding that a haulage company with a fleet of vehicles is not under fleet in the excluded section. Rather, it is the case that a haulage company would come under the requirement for every individual using a vehicle to be named in the insurance. Will the Minister clarify that? I will not stray very far but an area I have long highlighted concerning toll roads is the fact that many large vehicles often take smaller back roads to avoid paying tolls . We have seen significant consequences in Slane, County Meath, and other places with accidents arising from that. I have often called for measures that would require owners of the vehicles in haulage companies to set up an annual toll road payment, rather than it falling to individual drivers, who may or not choose to pay tolls. Making it an obligation would be a really sensible safety provision. I think it is good that we are putting an insurance obligation on the owners of vehicles, regardless of who is driving. We should similarly look to an obligation in respect of an annual toll road payment to ensure against the creation of perverse incentives for individual, possibly self-employed, drivers to leave toll roads and take more dangerous back roads. I am signalling that as an opportunity. It is an issue I might return to on Report Stage.

Amendment No. 12 is creating a new database. I appreciate the Minister mentioning that he has had engagement with the Data Protection Commission but I would like to see the outputs of that engagement in terms of protections. The Motor Insurers Bureau of Ireland, MIBI, will be the named data controller and there will be data protection officers. I also appreciate there will be a review after 18 months but one of the key things will also be an advance data protection impact assessment. Will the Minister clarify if plans have been made for the setting up of a data protection impact assessment with regard to this new database? What other protections or safeguards are there to ensure compliance?

I also want to signal something else because I may bring amendments in respect of it on Report Stage. The new section 78A(11) states that the information may be made available to the recipients as specified in one place, but also "to such further recipients as may be specified in the regulations for such further purposes as may be specified therein." Again, one is talking about a data protection impact assessment in terms of the database but also a data protection impact assessment in terms of the regulations. In general, I am always cautious about signing over anything where we refer to such further purposes as may get decided or to such further recipients as might be specified. That is just a little vague. The one thing we know with data protection is that it is always better to be clear about who might receive the information and for which purposes and that we do not have a situation where things might be added without them being properly screened.

Does the Minister have answers to those questions relating to amendment No. 10? It would also be useful to get more information on amendment No. 12. I may also bring some amendments.