I wrote this article for BEERG‘s weekly newsletter on Sept 23rd. The Newsletter goes to approx 1,000 senior HR professional across the EU and US.
I have been deeply involved in monitoring the development of the data privacy and protection issue since first working on the early legislative passage of the General Data Protection Regulation through the European Parliament and Council. This article features a link to an article I wrote for the EurActiv news-site in late 2012 on the complexity of GDPR’s employee data provisions.
I have added some extra paragraphs in this version that are pertinent to the Irish domestic situation and – not for the first time – I finish an article with my favourite LBJ saying/quote
This was the week when the stark reality of the Schrems II judgement became clear. When the rubber hit the road.
In last week’s BEERG Newsletter I portentously observed that the already complex position around Standard Contractual Clauses (SCCs) and other methods of transferring personal data to the US was about to become more complex. Little did we realise how quickly that would happen.
The Irish Data Protection Commission made a preliminary move to halt Facebook’s use of SCCs to cover the transfer of data from the EU to the US. Facebook has some 400m+ user in Europe. Facebook went to court.
Within days, the text of Facebook’s affidavit to the Irish High Court appeared online. Its contents fueled headline speculation in respected broadsheet newspapers and reputable media outlets that Facebook was threatening to quit the EU unless its concerns were addressed.
This Broadsheet.ie column appeared on June 22nd, just a few days before voting closed in the three internal parties votes on the proposed Fine Gael/Green/Fianna Fáil Programme for Government.
While I do examine the possible outcomes of those votes and ask how this process was allowed to reverse into a possible political crisis on the Special Criminal Court, I also include a gratuitous and personally satisfying reminder of the acerbic with and invective of former Australian Prime Minister, Paul Keating.
I‘m sure I’ve mentioned before now that I am a great fan of the former Australian Prime Minister, Paul Keating. While Keating’s punchy but moderate centre-left politics attract me, it is his feisty, quick witted, no nonsense approach to the fine art of political communications that seals the deal.
The internet is full of classic Paul Keating political quips and put downs. The Australian Broadcasting Company (ABC) has collected some on this webpage.
In one memorable 2007 radio interview alone Keating described John Howard’s Treasurer (Finance Minister), Peter Costello, as “all tip and no iceberg”, before launching a fusillade at his former Liberal Party opponent and successor as Prime Minister, dismissing the balding Howard as the “little desiccated coconut” adding that he was clinging on to the role like “grim death” and was “araldited” to the prime minister’s seat.
I wrote this Broadsheet.ie column on Monday March 30th, the eve of the 5 day long count in the 2020 Seanad Election. As I forecast, Fianna Fáil secured 16 seats out of the 43 available on the 5 vocational panels (as it should have done in 2016) and Sinn Féin fell back from 6 to 5 seats, indeed it was within 2 votes of losing another one and falling back to 4 seats. For the first time in decades all six outgoing university Senators were returned.
At midday today the second act of the 2020 General Election drama will start to be played out. At that time, at the Printworks hall in Dublin Castle, Oireachtas officials will commence the process of counting Seanad election votes.
The count, or should I more correctly say counts – plural, are expected to run until Friday evening. They will decide the identity of the 43 senators who will serve on the Seanad’s five vocational panels. (Seanad election infographic here).
My Broadsheet column from May 1st looks at the poor political environment against which the CervicalCheck scandal is playing out
Last week’s Dáil furore and the heightened tensions between Fianna Fáil and Fine Gael persuaded me to use this week’s column to discuss the worsening relations between the main government and the main opposition parties.
I still intend to do that, but in much lesser detail. The scandal engulfing the CervicalCheck scheme and the torment that Vicky Phelan, her family and hundreds of other families have been put through by the State and the HSE makes any discussion of the friction between the parties pale by comparison.
But, as experienced political commentators have noted, the screening scandal has the makings of major political crisis if it were to emerge that more was known by the Department and, by extension, by a Minister.
This column is from two weeks back (July 3rd, 2017) and is both a guarded defence of the political party system and a warning of the dangers of the constant desire of the hard left fringe parties to take politics out on to the street.
It is said that France has the only “tricameral system” in the world – the National Assembly, the Senate and the Street – but history and experience shows that the Street has always been the biggest hindrance to reform. Origianl column online here: www.broadsheet.ie/who-would-want-to-be-a-td/
Who in their right mind would want to become a T.D.?
The pay is good, the perks are decent and the scope for promotion (career and ‘self’) is none too bad either, but can these incentives really outweigh the forfeiture of a private life, never mind the ongoing press, public and social media opprobrium whenever you express an opinion?
Shouldn’t politics be a vocation, not a career path?
The problem with that view is not just that it is naïve, it is that it simply won’t work. Try it and we end up with a Dáil full of only those who can only afford to be there by virtue of their profession, their families’ money or simple “pull” – by the way not all of them would be on the right, a fair few would also come from the comfortable left, but that’s just an aside.
Enda Kenny’s fascination with his predecessor John A. Costello continues. Not only is Enda determined to beat Costello’s record for time served as Taoiseach, he now seems to want to eclipse Costello’s penchant from making major constitutional announcements outside the country.
Costello announced his intention for Ireland to abandon the External Relations Act (and effectively quit the British Commonwealth and declare itself Republic) during a visit to Canada in 1948, while Kenny announces in Philadelphia that he intends to hold a referendum to give the Irish diaspora votes in future Irish presidential elections – but only in elections after the next one.
There are many legends about Costello’s Ottawa announcement, including one version that claims he made it when was “tired and emotional” and another that asserts he did it after being offended by the placing of a replica of the Roaring Meg canon used in the Siege of Derry in front of him on the dining table at a formal dinner at the Governor General’s residence. But they are only legends.
What exactly is this “New Politics” we have been reading and hearing about so much lately?
It was the question that should have occurred to me as soon as the Public Relations Institute asked me to participate in a panel discussion they held last Thursday as part of a half day seminar entitled: Public Affairs in the era of ‘New Politics’.
But it didn’t. Like many others, I have been throwing about the phrase “new politics” in the two and a half weeks since the Dáil elected a Taoiseach as if everyone understands what it means.
This is the handbook prepared by US Republican pollster Frank Luntz in 2009. It sets out the language and arguments that Israeli Government spokespeople should use on the media to explain and defend Israel’s then occupation of Gaza.
You can hear lines from this 2009 being used again today to defend the latest onslaught on Gaza.
The past few weeks have hardly been great for the No side. Fine Gael has been pretty active on the airwaves over the Summer break, while Sinn Féin’s opportunistic decision to campaign for a Yes, having vehemently opposed the Government’s proposal in both the Dáil and Seanad, hasn’t helped the No cause either.
All this makes the increase in the pro Seanad reform level of support all the more re-assuring. Not that the poll suggests that the campaign is done and dusted. Far from it.
More than almost any other, this Seanad abolition policy, is the lone brain child of Enda Kenny. Though there seem to be no research papers, discussion documents or policy positions he can produce to justify the origins of this initiative, he is the man behind it and he has more to lose by its defeat than anyone else.
While Labour nominally favours abolition, its TDs and Ministers can reasonably see their policy obligations as fulfilled by the holding of a referendum. Don’t expect to see many of them working too hard for a Yes to abolition vote. Indeed, as the Labour Chief Whip has indicated, at least half the Labour parliamentary party may actually work for a No vote seeing it as the best way to secure a popular mandate for Seanad reform.
One of the two authors of Labour’s 2009 position paper on Seanad reform, Junior Minister, Alex White has not commented on the issue much, while the other author, Joanna Tuffy TD has indicated that she will be campaigning for a No vote.
The worrying shift in the poll numbers make it necessary for Fine Gael to up the ante over the weeks ahead.
Given that the main shift has been in the group who describe themselves as favouring reform expect to see Fine Gael focus its attentions there and try to convince them that a Yes vote is a vote for reform.
We already had a glimpse of this approach last week via its neophyte Wicklow TD, Simon Harris’s speech at the Parnell Summer School.
Harris advanced the argument that abolishing the Seanad counts as reform and gives power back to the people as it means the single remaining chamber of the Oireachtas: the Dáil will be 100% elected by the public.
Harris’s reasoning seems to hinges on the statistic that the number of people registered to vote in Seanad elections, under current legislation, is around 156,000; about 5% of the approx 3.1 million entitled to vote at the February 2011 Dáil election.
What Harris misses, however, is that this 156,000 (Councillors, Oireachtas members and NUI and TCD graduates) is defined in legislation – not the Constitution. Everyone in the North and South could be given the right to vote with the passing of an Act by the Dáil and Seanad. Indeed the Seanad has already voted for such a piece of reform with the Second Stage vote on the Quinn/Zappone Seanad Reform Bill.
The extension of the Seanad franchise to all is now completely within the gift of Deputy Harris’s colleagues on the government benches.
The only real obstacle to such a real reform is the Taoiseach’s obduracy in insisting on Seanad abolition instead of reform.
Though not central to the argument it is worth noting that the 156,000 figure is probably an understatement as it just counts the NUI and Trinity graduates who have registered to vote. Many 100s of 1000s more are entitled to vote by virtue of their graduation.
The other problem with Harris’s reasoning is the idea that the answer to existing disenfranchisement is more disenfranchisement. It defies all democratic principles to propose removing someone’s voting rights when you have it in your power to extend them.
If you were to apply Deputy Harris’s quirky logic to the campaign for women’s suffrage a century back you would determine that the way to ensure equal voting rights for all was to remove the vote from men so that the two genders were equally disadvantaged.
The very legitimate criticism that not enough people are entitled to vote in Seanad elections is properly addressed by giving everyone the right, not by removing it.
I would hope that Deputy Harris’s espousal of a position that is the absolute antithesis of reform is informed by loyalty to his party leader and desire for advancement rather than by belief in the argument itself.
If it is the former then the case for reform is all the greater, if it is latter then it is time to worry.