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Dáil
‹ An tOrd Gnó - Order of Business

Data Protection Commissioner report

Summary

Micheál Martin raises concerns about the Data Protection Commissioner’s report on the public services card and asks that it be published and debated. The Taoiseach says it will be published that day, defends the card, and says the Government disagrees with the legal findings but respects the commissioner.

As a Corkman, I congratulate the men and women of Dublin on their double win last weekend.

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What about Tipperary?

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I have not finished yet. In terms of the five in a row and so on-----

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Do not mention the war.

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I am not going to mention the war between Tipperary and Kilkenny. That has gone on for a long time. There was an interesting row over the summer between the Government and the Data Protection Commissioner in respect of a significant report by the commissioner following a two-year investigation into the processing of personal data for public services cards. I get the feeling there has been an attempt almost to demonise the Data Protection Commissioner in respect of her report. The commissioner has a particular remit and responsibility around the collection of data and how it is handled and managed. The Government and the Oireachtas should respect that, even if the commission annoys the Executive from time to time in terms of its objectives and agenda. I always felt it was fundamentally wrong to say it was mandatory to use a public services card to avail of other services. Citizens are entitled to services by dint of a basic entitlement, not because they have a particular card. The Minister at the time said it was mandatory but not compulsory, whatever that meant. The Data Protection Commissioner said basically that-----

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It is compulsory here to take one minute to ask a question.

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Of course. I apologise, a Cheann Comhairle. The commissioner said that the Government acted illegally. Can the Taoiseach confirm that the report will be published? We are told it is going to be published today. I call for a debate in the House in respect of it.

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Leo Varadkar The Taoiseach Fine Gael

I thank the Deputy for his kind words of congratulation to the Dublin men and Dublin ladies on making history at the weekend. I would like to add my congratulations to Galway for winning the camogie and Tipperary for winning the hurling as well. It was extraordinary to see 56,000 people attend the ladies' final. I know the Deputy was there too. It was a record-breaking attendance and one of the biggest ever attendances at a women's sporting tournament in the world.

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Mná na hÉireann.

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Leo Varadkar The Taoiseach Fine Gael

It should make us all very proud. In response to the Deputy's question, it is intended today to publish the report of the Data Protection Commissioner and also the Department's response to it. Obviously I have no objection to there being a debate on the matter. That would be for the Business Committee to decide. The Government absolutely respects the Data Protection Commissioner but we do not agree with her findings on the legal basis for the public services card, which has been an extraordinary success. I will speak on that again some other time. It is important that due process and procedures are followed. The legislation passed by this Oireachtas provides for an appeal of any findings with which anybody disagrees. It is part of our democracy and part of our Constitution that there is a right of appeal.

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