Patrick O'Donovan (Limerick, Fine Gael)
Link to this: Individually | In context

Question 33: To ask the Minister for Social Protection if State agencies including, but not exclusively, Departments, local authorities, Revenue and Health Service Executive are prevented under data protection legislation from providing her with information that could lead to the detection of social welfare fraud; her plans to remove all legislative impediments from State agencies to detect fraud and criminality within the social welfare code; and if she will make a statement on the matter. [11702/12]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

The 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. 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.