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Dáil
‹ An tOrd Gnó - Order of Business

Public services card legality

Summary

Mary Lou McDonald criticises the alleged unlawful retention and use of data on the public services card. The Taoiseach says no enforceable legal finding has yet issued, argues the card helps access services, and cites legal advice and appeal rights.

I too commend the women and men of Dublin for an extraordinary eight in a row in total - an eight in a row aggregate is wonderful - and Tipp, of course, for the hurling victory.

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The women of Cork did it about ten years ago.

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I am sure they did. The Taoiseach says the Department will publish the report of the Data Protection Commissioner on the public services card. The commissioner has found that important aspects of the card are unlawful. I do not think many of us were very surprised by that. I refer to the unlawful retention of the personal data of millions of citizens as well as the Government's planned demand that the card would be used to access State services. It is clear that the lawfulness of the intended use of the card is now seriously questioned. The expertise of the commissioner in this regard should be respected. It has been reported that the Government intends to challenge the commissioner's finding in court, which I find extraordinary. Given that this mess has already cost the taxpayer just shy of €70 million, saddling the public with additional costs of a court case seems like absolute madness. Can the Taoiseach confirm if it is, in fact, the Government's intention to take a challenge in this manner?

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Leo Varadkar The Taoiseach Fine Gael

Yes, it is. However, no document of legal standing has yet been served on the Government so we have to wait until there is an enforcement order issued by the Data Protection Commissioner before we can challenge any findings.

No findings of legal standing have yet been made, but that may happen in the coming weeks.

The public services card is a good thing. It is a success. The vast majority, more than 80%, of the people surveyed believe the public services card is a good thing. More than 3 million people have one already. The public services card is exactly what it says on the tin; it is a card that enables people to access public services. It was never intended to be just for social welfare services alone. The Data Protection Commissioner has found it is entirely lawful to make it mandatory for services provided by the Department of Employment Affairs and Social Protection, including free travel-----

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But it is illegal for the rest.

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Leo Varadkar The Taoiseach Fine Gael

-----but not for services provided by other Departments. Our view that the finding is in error is supported by the Attorney General and outside legal counsel and the procedures allow for an appeal. An appeal is part of any democratic system of due process. Let us not forget what the public services card is all about; it is about making it easier for people to access public services. Instead of having to fill in forms, go to the chemist, have one's photograph taken twice, sign the back of it, go down to the Garda station, get a stamp, hand in the bank statement-----

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The Taoiseach should talk to people applying for a medical card.

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Leo Varadkar The Taoiseach Fine Gael

-----several times in one's life, one only needs to do that once. That is why people like it.

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