Oireachtas Joint and Select Committees

Thursday, 21 November 2019

Joint Oireachtas Committee on Social Protection

Public Services Card: Minister for Employment Affairs and Social Protection

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael) | Oireachtas source

In case the Deputy is not aware of it, there are two investigations that have been commenced by the Data Protection Commission with regard to the PSC. The first investigation had three modules, of which two have been reported upon; the resulting report came from the Data Protection Commission on 15 August. The third module in the first investigation is still outstanding. I am not aware that the second investigation, which concerns biometrics, has commenced because we have received no questions, queries or a draft report from the Data Protection Commission. We await any requests that would come from there on that.

As stated earlier, the advice given by the Attorney General to my Department is as robust as it potentially could have been. It is very strong ins that the legal basis that we have to support what was exactly initiated and desired as far back as 1998 is as we are doing now. The advice is so strong as to say that if we deviated from what we are doing and from the practices in my Department and other Departments, we would be in breach of legislation passed in 1998 and 2005. There are not two different views. With respect to the statements made by the other Minister for Transport, Tourism and Sport, I suggest that the Deputy ask him what exactly he sought legal advice on and what advice was received. He certainly did not ask for legal advice on whether he had the legal authority to mandate the National Driver Licence Service to look-----

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