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

The Deputy is correct in saying we have not received an enforcement notice. Therefore it is very difficult to tell the Deputy, with 100% clarity, what we would do until we see that enforcement notice but I can reiterate the legal advice we have, which is numerous, tells us that the legal basis for conducting the safety registration pass, the production of PSC card, the retention of the data and the transparency of that entire process is entirely legitimate with regard to the various pieces of legislation and amended legislation that has been passed by successive Government over many years. Therefore, if the enforcement notice comes in line with the findings, then I think that legislative basis obviously will still stand. However, as I said, we have not seen an enforcement notice despite it now being some months later but we will look at the scope and the terms of that enforcement notice and react depending on what is in it.

We are very much aware there is a second part to this. The Data Protection Commission chose to put its investigation, which was started some two years ago, into two parts. What we have received is the findings from the first part of its investigation, which is around the PSC and SAFE 2. The second part of its investigation is around biometrics and to date we have not received anything from it with regard to that.

Regarding the unlawfulness of this, we have a legal basis to do exactly what we are doing. That is why we are strong in our commitment to continue doing what we are dong. Where we would not have a legal basis is to change the current law to try to provide a safety registration process in a different way from what the law prescribes. Therefore, we will carry on doing what we are doing until the enforcement notice comes and we react to it.

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