Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

To reply to Deputy Jack Chambers, it is up to each service provider. The Bill makes it clear that it is up to each service provider to use the mechanism it believes is the most appropriate to determine the identity of the data subject, customer or citizen. If I were to accept the amendment in the names of Deputies Wallace and Clare Daly on the issue, I would undermine and it would be in direct conflict with other existing legislation which would then have to be unwound as otherwise it would be unenforceable. Other legislation, including the Social Welfare Consolidation Act 2005 introduced by a previous Government, would be made unworkable because, as identified in that Act, use of particular mechanisms such as the public services card has been specified for certain services. It is not the intention of this Bill to prescribe what should be used and, as importantly, it is not its intent to prescribe what should not be used. We are not prescribing what an individual service provider must or must not use. That is not the intent of the Bill; it is a matter for each individual service provider to determine. It is also up to each individual service provider to seek legislation, if required, to put in place the mechanism it wishes to use. It will be up to each service provider to have regard to the Bill, particularly in the context of data sharing arrangements and the consultation that will have to take place on them. On that basis, I cannot accept the amendments. They would put the Bill in direct conflict with existing legislation as specific ways by which data must be collected have been spelled out for service providers. For instance, a family farm uses a herd number. I cannot state in this Bill that from here on herd numbers cannot be collected or used as an identifier, any more than I can say the public services card cannot be used.