Dáil debates

Tuesday, 26 March 2013

Health (Alteration of Criteria for Eligibility) Bill 2013: Committee and Remaining Stages

Tax Code

8:20 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

In his last response the Minister of State relied on language such as "gratuitous" and "improper" in his defence of the position. Nobody was suggesting something gratuitous or improper other than the fact that I believe that the release of unnecessary and irrelevant information in this two-way flow is improper. It is important to understand that. It does not mean that other access to, and knowledge of, the information then disseminated could not lead to something further improper. The key point is that there is nothing in this wording that prevents or even suggests that the releasing agency exercise sufficient and appropriate restraint in respect of the information that it holds, when requested under this legislation to release information to either the Revenue Commissioners or the Department of Social Protection. It is not there, no matter what way one reads it. That is a significant flaw.

The Minister of State falls back in his defence on the Data Protection Acts 1988 and 2003 yet it has just been correctly highlighted with regard to Part 3 section 8(4) that the Bill states, "Notwithstanding anything contained in the Data Protection Acts 1988 and 2003, but subject to this section,". This Bill takes precedence. It is superior to the Acts that the Minister of State believes are the ultimate defence for each of us citizens.

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