Regina Doherty called on to release legal advice received on Public Services Card

The Minister for Employment Affairs and Social Protection has been called upon to release the legal advice she received on the Public Services Card at a stormy Dáil session this evening.

Regina Doherty, who recently confirmed that she will challenge in the courts the adverse findings of the Data Protection Commissioner with regard to the controversial card, said that the “incredibly strong” legal advice received from the Attorney General and an external counsel would not be published.

In an opening address ahead of an 80-minute debate on the card, Ms Doherty said that the PSC is not a national ID card, and that she is satisfied the retention of personal data of cardholders is lawful.

The DPC had ruled that data should be destroyed by the Department, and said that the use of the card for services other than that of welfare is illegal.

Willie O’Dea, Fianna Fáil’s social protection spokesperson, called on the Minister repeatedly to publish the legal advice she had received, or at least to summarise it and issue same into the public domain: “Is it her intention not to even produce an analysis of the legal opinion that she has gotten?”

“This (the challenge to the Commissioner) creates the impression that if a company in future is ruled against it can enlist the aid of the Government and get that decision overturned,” Mr O’Dea said.

Sparks flew between the two when the discussion turned to the Department’s 120-page response to the DPC’s report, which pointedly included no reference to the Attorney General’s advice, with Mr O’Dea accusing the Minister of “misleading the house”.

“I really believe in this. I'm happy to defend a policy introduced by your party in 1998 and 2005,” Ms Doherty replied. “I won't stand here having you accusing me of telling lies.”

Social Democrats co-leader Catherine Murphy raised the point made in the report, that the PSC is arguably an impediment to accessing public services, rather than an enabler. She said it has become “a de facto national ID card”.

“If we’re going to have one, then let’s have a debate on it,” she said.

Asked why Shane Ross had removed the mandatory requirement to have a PSC in order to get a driving licence in 2018, the Minister said “I can’t answer why Shane Ross said what he said”.

She disagreed that other departments have changed their policy on the PSC since the report was published. Last week, the Passport Office became the latest body to remove the card as a mandatory requirement for accessing its services.

“The Department for Foreign Affairs hasn’t changed its policy at all,” Doherty said. There was always mechanism to get a passport without a PSC.”