CJEU role and data privacy
Senator Mullen expands on the role of the Court of Justice of the EU, warning about delay and costs in legal matters. Byrne agrees in principle with McDowell’s concerns while stressing that data privacy remains important and must be balanced against other rights.
I support everything that my colleague, Senator McDowell, has just said. I was going to bring the matter up. In our debate on the Northern Ireland protocol yesterday, I mentioned that there had been very little public consideration of the role of the Court of Justice of the European Union, its relevance to costs and the element of delay that it brings into the consideration of legal matters affecting Irish people. This is not to deny that the Court of Justice of the European Union is necessary but we think very little about it and very few people would be able to name the Irish State’s sole representative on that court. The point is that people see the European Union primarily as a guarantor of commerce, trade, markets, environmental protection, quality of medicines and things that affect us all as a community. There will be a whole new swathe of people considering the role of the European Union in our lives and considering the role of European courts if a European court makes a decision that interferes with the ability of Irish authorities to investigate and prosecute serious crime. There will be a whole new element to the debate about the European Union and its role in our lives. I hope common sense will prevail. As Senator McDowell has said, there has already been a very unhelpful overreach by the European Union in such areas. When we come to have discussions about Poland and Hungary, and they are frequently mentioned in dispatches in this House and in The Irish Times, we rarely get into the granular detail of the difficulties which those countries have with overreach by European Union institutions in areas which are properly left to consideration by member states. I have no doubt that there will be elements of right and wrong on both sides and that nobody will agree with each other 100%, but we need to have a more careful consideration of how the European Union impacts our lives, for good in many cases, but as we are seeing now in this particular instance, also for ill. I will leave for another day the other point I was going to make.
Comment on this
While the judge in the European Court of Justice may have been a former Member of this House, it is not necessarily bad that we do not know the names of judges in every instance. However, I agree with the thrust of what Senator McDowell said concerning the advice given by the advocate general. Obviously, it will be a matter for the full court to make a decision.
I regard data privacy as hugely important and a key European value but every right must be balanced against competing rights. In this instance, where we have the importance of having safeguards in place and member states want to use particular information to detect a crime, it appears that the concept of the right to data privacy is a supreme right and there is no balancing. I agree with the purpose outlined by Senator McDowell. That was never the intention of the GDPR, which was very much designed so that data would only be used for a specific purpose. In this purpose, the Garda is not looking for Graham Dwyer's data to find out where he ordered takeaways or anything. It is seeking to establish whether he was engaged in a crime. This is a very serious issue and it is worthy of debate. Data privacy is important but we need to get the balance right.
This week, 350 scientists and healthcare professionals, including some of the best known of their number in this country, issued a public health statement calling for the generic production of Covid-19 vaccines and treatments so that they can be made available globally. We will not beat Covid solely in Ireland and other wealthy countries. Covid must be beaten on a global basis, as we have discussed previously in the House, and the Government needs to take a strong stance in support of global vaccination.