Ms Helen Dixon:

Yes, 23 words, allegedly. It states that a person shall produce his or her public services card if requested to do so. The real nub of the issue is around the Department of Employment Affairs and Social Protection processing personal data where the necessity test has not been met. Typically, under data protection law, for a government department, legislative underpinning will be an element of lawful basis, and there are certain provisions in the Social Welfare Consolidation Act, but it is not the only condition for lawful basis; the necessity for the processing also has to be borne out. The issue, therefore, does in part centre on the subsection the Deputy has mentioned because under section 263(1), the Minister has an enabling power that allows her to issue a PSC. What is at issue, looking at the analysis we have conducted, is that a number of provisions in the Social Welfare Consolidation Act relate to social welfare benefit payments. Under section 241, a person is required to satisfy the Minister for Employment Affairs and Social Protection as to his or her identity when obtaining a benefit. Section 242 sets out that there are two means by which identity can be satisfied, one of those being by means of the PSC. In addition, section 247 sets out consequences of failing to satisfy the Minister in this regard. There are, then, a range of provisions specific to social welfare payments that ultimately, on a fine balance, led us to a conclusion that the necessity for the processing regarding social welfare claimants is set down-----