Mick Wallace (Wexford, Independent) | Oireachtas source

We do not think our amendments would have that effect on the Bill. The Minister said that the Government was not prescribing what an individual service provider must or must not use, that it is not the intent of the Bill and is a matter for each individual service provider to determine. He also said that it is also up to each individual service provider to seek legislation, if required, to put in place the mechanism it wishes to use.

If that is the case then our amendments on the public services card will provide clarity only. The Department of Employment and Social Protection, for example, might be made aware that what it is doing in relation to the public services card and coercing consent is illegal. Section 69 gives the Minister power to restrict or limit the types of documents which can be requested by a public body. We accept that the Minister must have some restrictions as to what are deemed acceptable documents, and it cannot be the case that a person can choose his or her own method for verifying his or her identity. That would not be workable. However, as Deputy Jack Chambers said of the language of our amendments, which passed Committee Stage, it "gives flexibility to allow the public services card to be used where provision of an additional form of identity is also allowed". In not prescribing what a service provider can and cannot prescribe and given the Minister's power under section 69 to restrict the type of documents that a service provider may request, our amendments should pose nothing to fear. It is a fact that the Data Protection Commissioner is investigating the legal basis of the public services card and I do not imagine that she decided to do so just because she had a bad dream.

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