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Dáil
‹ An tOrd Gnó - Order of Business

Data Protection Commissioner confidence

Summary

John Brady and Willie O'Dea press the Taoiseach on the Government’s handling of the public services card report and ask whether he still has confidence in the Data Protection Commissioner. The Taoiseach says the report will be published, he respects the commissioner, but the Government believes it can appeal and that the law is robust.

The Government's handling of the public services card issue and the report from the Data Protection Commissioner has been absolutely shambolic. The report came as no surprise to Members on this side of the House but the Government's response to it has been extraordinary. We have had so many different messages from the Minister for Employment Affairs and Social Protection who went into hiding in the first instance. She then refused to publish the report but subsequently stated that she would do so. However, her Department indicated last week that it would not be in the interests of the public to publish the report. It claimed that publishing would have a serious adverse effect on the ability of the Government to manage the economy. We still have not seen the report. The Taoiseach stated that it will be published today but we have not seen it yet. When will the report be published? The Government has also confirmed that it will be taking a legal challenge in respect of the findings of the Data Protection Commissioner and has cited the Attorney General and outside legal counsel in that regard. I ask the Taoiseach whether the Attorney General's report can be published because that would be very insightful, particularly if the Government is going to hide behind it.

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The Deputy's time is up.

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That would be critical for any debate that takes place in the House because-----

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The Deputy's time is up.

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-----inevitably that information will be made public.

I will finish with the following point. The undermining of the Data Protection Commissioner has been unbelievable-----

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No. These are questions, not statements.

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Can I ask a direct question?

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Will the Deputy let the Taoiseach answer?

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Does the Taoiseach have full confidence in the Data Protection Commissioner given that she has been undermined by the Government and the Minister?

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Deputy O'Dea on the same matter.

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The Taoiseach stated earlier that he respects the Data Protection Commissioner. However, he remarked in recent days, in the public domain, that anyone who took a quick glance at the law would conclude that the Government was justified in challenging the decision of the commissioner. The commissioner's office was established by statute to advise the Government on data law and data matters generally. The Taoiseach expressed generous praise for this and other parties for introducing legislation but that was precisely the legislation which the Data Protection Commissioner concluded does not allow the Government to act or misuse the public services card in the way it is attempting to do.

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Leo Varadkar The Taoiseach Fine Gael

I thank the Deputies. I understand that the report will be published today, as well as the Department's response to it. I respect the Data Protection Commissioner and I have confidence in her. However, as is often the case with decisions made by commissioners and regulators, there is a right of appeal. This is a democracy and anybody in a democracy can appeal a decision if he or she believes it to be incorrect. The Attorney General has looked at this matter and we also had third-party counsel examine it. They are all of the view that the Social Welfare Consolidation Act 2005 is robust and allows the public services card to be used as it was intended, namely, for public services and not just for services provided by one Department.

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That concludes questions on promised legislation. Members not reached today will be given priority tomorrow.

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