Written answers

Tuesday, 23 July 2024

Department of Employment Affairs and Social Protection

Departmental Legal Cases

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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1253.To ask the Minister for Employment Affairs and Social Protection the number of legal cases taken by her Department or by State agencies or bodies under her Department's aegis against another Department, Government agencies or State bodies in each of the past five years; and if she will make a statement on the matter. [31371/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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There are four State bodies under the aegis of Minister for Social Protection:

  1. The Pensions Authority;
  2. The Citizens Information Board
  3. The Pensions Council;
  4. The Social Welfare Tribunal
None of these have pursued a case against another Government Department or State body in the past five years. While the Pensions Authority has issued many sets of civil proceedings, as well as criminal prosecutions, it has not been necessary for the Pensions Authority to bring a case against any other Minister or State body.

The General Registration Office and the Social Welfare Appeals Office are independent in their functions - neither of them has pursued a legal case against a Government Department or State body in the past five years.

For the avoidance of doubt, in August 2019, the Data Protection Commission (DPC) issued a Report on SAFE Registration and the Public Services Card. The Department of Social Protection did not agree with the adverse findings contained in the Report. In December 2019, the Data Protection Commission issued an Enforcement Notice to the Department in respect of the findings contained in that Report.

The Department filed an appeal against the Enforcement Notice, as provided for under data protection legislation.

The appeal was due before the Court in December 2021. Before that, the Department and the DPC agreed a settlement and, on the basis of the matters agreed, the DPC cancelled the Enforcement Notice.

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