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

The amendments will change the requirement for persons presenting for a social welfare payment in respect of themselves or another person, to have their identity authenticated and, consequently, to have been issued with a public services card, PSC. The Senator has read the findings of the Data Protection Commission and at this stage she has probably even read the report. Therefore, she knows that the Department has a legal basis for requiring the production of a public services card in the circumstances. In one of the few findings we agree with, although not in its totality, the Data Protection Commissioner confirmed that the legal basis we operate under is completely sound. The finding states: "The Data Protection Commission finds that arising from the combination of Sections 241(1)(B), 242(4) and 263(1) of the SWCA 2005, there is a legal basis under section 2A(1)(c)(ii), (iii) and (iv) of the Acts for DEASP [my Department] to process certain personal data [...] by way of SAFE2 registration and the issuing of a PSC". Therefore, to do what the Senator has just asked us to do would effectively be unlawful so I am sorry I cannot accept that amendment.