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Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Patrick O'Donovan: ...the point we reflected on with the Attorney General bearing in mind the Social Welfare Consolidation Act. I thank the Deputy for acknowledging this Bill does not do anything with respect to the public services card. I also acknowledge the fact that with respect to the legal basis issue, the Deputy is right in what he said. There are European instruments in place but we have an...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Joan Burton: I am sure the Minister of State will agree that this legislation is the vehicle for data sharing. A key element of the available databases is the database that is acquired via the public services card. Prior to there being such a card, data were acquired in different ways through the direct collection of information and multiple uses of the data were allowed. However, this Government has...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Mick Wallace: .... The fundamental fact remains that, according to Article 4 of GDPR, consent when required for data processing must be freely given and cannot be coerced. There may well be a legal basis for the public services card and the data chain that goes with it in the Social Welfare Consolidation Act, but there is no legal basis for withholding public services from a person who does not agree to...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Patrick O'Donovan: ...of the amendment to section 7 to which Deputy Clare Daly, who obviously read the transcript of the debate in the Seanad, referred. Section 7(6) states, "A specified body may not make presentation of a public services card or access to a person’s public service identity the exclusive basis ...". We had to take the advice of the Attorney General on that matter. The Deputy...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Clare Daly: ...State said has changed my mind, no more than anything that I have said has probably changed his. The other matter on which I will agree with him is that our amendments would not mean the end of the public services card. He is 100% right. It would not be the end of the public services identity. All of those things will continue to exist. Our amendments would just provide a simple...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Barry Cowen: I can put the previous speakers out of their misery by confirming that we did initially have concerns about the public services card being the sole means to identify oneself.

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Joan Burton: ...happen. There is no point in all this talk about data protection and data respect and so on unless some kind of explanation is forthcoming. As a matter of correction, I wish to point out that when the public services card was introduced it was brought in by the then Department of Social Protection. It is not an identity card. There was no requirement in law on anyone to provide it...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Mick Wallace: We really hope that Fianna Fáil Deputies will not do a U-turn on this and that they do not hide behind this wonderful contraption called confidence and supply. The public services card project is a ticking time bomb for the Government as far as we are concerned. If by chance Fianna Fáil Deputies were to do a U-turn on it, it might not look great on their record when the trouble...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Clare Daly: ...without exclusively using the person's public service identity to do so. The Minister of State's argument would make sense if our amendment to section 7 said that a specified body may not make presentation of a public services card or access to any given element of a person's public services identity the exclusive basis by which a person may verify his or her identity in order to conduct...

Data Sharing and Governance Bill 2018: From the Seanad (20 Feb 2019)

Patrick O'Donovan: ...of the Bill. Amendment No. 2 seeks to amend the text of section 13(2)(a)(ii)(I) and amendment No. 3 will have the effect of removing section 37(5) of the Bill. The amendments all concern the use of the public services card and the public service identity. These amendments reverse previous amendments made by this House during Committee and Report Stages. The House inserted provisions...