John Brady (Wicklow, Sinn Fein) | Oireachtas source

The Data Protection Commissioner's 172 page report into the public services card provides us with much more than just the findings of her lengthy investigation, which has been ongoing since 2017. It tells us of the flawed arguments put forward by the Department of Employment Affairs and Social Protection that in some instances are totally nonsensical. It also gives us a very clear insight into the Department's attitude to the Data Protection Commissioner, one that can only be described as embarrassing and childish. I am embarrassed when I think of the 470 scanned pages, without numbers, and sent illogically by the Department to the commissioner as its response to her initial draft report, like a child throwing a tantrum. That is unprofessional and unbefitting a Department of the State. We see a total lack of regard for taxpayers' money, which we have seen time and again from the Government. The Department threatened the Data Protection Commissioner in October 2018 when it did not get its way when seeking more time to respond to the draft report, even though the commissioner had already extended the deadline for reply. The Department's response was totally unwarranted and unreasonable.

The Data Protection Commissioner referred in her report to the Minister's insistence in arguing that there is no evidence of dissatisfaction with the public services card. Has the Minister forgotten the uproar when an elderly lady lost her pension payment for not having a card, or the delays experienced by people forced to get a public services card in order to allow them to apply for a passport or driver's licence? Likewise, has she forgotten the people who were adopted who were denied a card unless they had an adoption certificate, or any of the numerous complaints received about the public services card by her Department, the Department of Public Expenditure and Reform and the Department of Foreign Affairs and Trade? That hardly screams of satisfaction.

The holding indefinitely of personal documentation belonging to those who apply for the public services card by the Department cannot be explained. The Department's response is that the process of satisfying the Minister as to identity is not necessarily complete once the card issues, yet the legislation clearly states that a public services card will not be issued unless a Minister is satisfied as to the identity of the person. Which is it?

The Taoiseach said yesterday that his view on the Data Protection Commissioner's findings is supported by outside legal counsel.

See this speech in context