Patrick O'Donovan (Limerick, Fine Gael)
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Question 218: To ask the Minister for Social Protection further to Parliamentary Question No. 230 of 18 October 2011, if the Data Protection Act has been used to inhibit the investigations of those who are charged with detecting welfare fraud. [32317/11]

Joan Burton (Dublin West, Labour)
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As I have previously advised the Deputy, my Department has an extensive legal structure to support the sharing of data for the purpose of controlling the entitlement and payment of benefits. The legislative provisions which allow for the specific sharing of data are contained in section 261 of the Social Welfare (Consolidation) Act, 2005. This legislation is in compliance with the Data Protection Act.

My Department is not aware of any cases where the Data Protection Act has been used to inhibit the investigations of those who are charged with detecting welfare fraud. Where the Department has issues or questions regarding data protection matters, it raises them with the Office of the Data Protection Commissioner.

Social welfare legislation is reviewed on an ongoing basis and updated, where appropriate, to strengthen controls and penalties. A Departmental legislative working group has been established specifically to examine issues and make proposals on measures that could improve the prevention, detection and prosecution of social welfare fraud. This group explores a range of possible legislative changes from a control perspective and brings forward appropriate proposals for consideration in the annual Social Welfare Bills.