Dáil Éireann Debate, Tuesday - 30 January 2018
141. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade the status of development of plans to protect data held by cross-Border bodies in the event of a hard Brexit; and if he will make a statement on the matter. [4444/18]
View answerThe Government is committed to advancing North South cooperation including through the work of the North South Implementation Bodies established under the British Irish Agreement. I do not have direct responsibility for any of these Bodies, as in this jurisdiction responsibility for them is exercised by my colleagues: the Minister for Culture, Heritage and the Gaeltacht (Waterways Ireland and the North/South Language Body which comprises Foras na Gaeilge and the Ulster Scots Agency), the Minister for Business, Enterprise and Innovation (InterTrade Ireland), the Minister for Communications, Climate Action and Environment (Loughs Agency); the Minister for Public Expenditure and Reform (Special EU Programmes Body); and the Minister for Health (Food Safety Promotion Board). In addition, Tourism Ireland, which also operates on an all-island basis, is the responsibility of the Minister for Transport, Tourism and Sport.
During phase one of the negotiations in regard to the UK’s withdrawal from the EU a number of cross-cutting issues which are regulated by EU law, including data protection, arose in the context of the North South Implementation Bodies.
The inclusion of a specific reference to the importance of protecting North/South co-operation in the joint report from the EU and UK negotiators, agreed in December, is a very welcome outcome from the Government’s efforts. The Government will continue to work with EU partners and the European Commission Task Force to ensure that the phase one commitments are delivered in full and that Ireland’s interests are advanced in the EU position in phase two, including the protection of North/South co-operation.
Phase Two will concentrate on three distinct but interrelated areas of work: 1) translating the principles and commitments agreed in phase one into the legally binding Withdrawal Agreement; 2) negotiating the arrangements for the transition period as a priority in phase two; 3) starting discussions on the framework for the future EU-UK relationship.
Work is already underway to agree the important transitional arrangements, which Ireland has been pushing for and are hugely important in giving certainty to individuals and businesses. We welcome that the European Council has proposed that the whole of the EU acquis will apply during the transition, which means that the status quo will be preserved with the aim of avoiding any gaps or cliff edge effects between the UK leaving the EU and when a future relationship agreement enters into force.
The issue of data protection will continue to be an important cross-cutting issue in the EU’s future relationship with the UK. In this context it is also relevant that the EU General Data Protection Regulation (GDPR) which will take effect from 25 May 2018 will transform data protection regulation in the EU, strengthening the data privacy rights of individuals and placing increased compliance and accountability obligations on organisations including the North South Bodies. Preparatory work undertaken by the Data Protection Commissioner has ensured that there is awareness of the GDPR through the publication of guidance materials, online media campaigns and proactive engagement with private and public sector organisations. It is welcome that the UK has indicated that it remains committed to fully implementing the GDPR in line with the May 2018 timetable.
The Department of Foreign Affairs and Trade is working closely with officials in all relevant Departments including the Department of Justice and Equality on an ongoing basis to ensure that the full range of challenges posed by Brexit, including in regard to data protection for the North-South Bodies, are considered and addressed throughout the negotiation process.
