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Vol. 990 No. 5 Wednesday, 4 December 2019

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Vol. 990 No. 5 Wednesday, 4 December 2019 Vol. 990 Wednesday, No. 5 4 December 2019 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 04/12/2019A0Resignation of Member 444 04/12/2019A00300Ceisteanna - Questions 444 04/12/2019A00400Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions 444 04/12/2019A00450Public Services Card 444 04/12/2019B00100Departmental Reports 446 04/12/2019B01600Fuel Poverty ����������������������������������������������������������������������������������������������������������������������������������������������������������448 04/12/2019C00500State Pensions Reform 450 04/12/2019D00400Automatic Enrolment Retirement Savings System 452 04/12/2019E00150Ceisteanna Eile - Other Questions 455 04/12/2019E00200Public Services Card 455 04/12/2019E01300Community Employment Schemes Supervisors ��������������������������������������������������������������������������������������������������456 04/12/2019F00900Social Welfare Fraud ��������������������������������������������������������������������������������������������������������������������������������������������460 04/12/2019G00550Rural Social Scheme Eligibility 462 04/12/2019H01500Social Welfare Benefits Waiting Times ����������������������������������������������������������������������������������������������������������������464 04/12/2019J00500Disability Allowance Applications Waiting Times 467 04/12/2019J01100Social Inclusion and Community Activation Programme ������������������������������������������������������������������������������������468 04/12/2019K00800Teachtaireacht ón Seanad - Message from Seanad 470 04/12/2019K01000Ceisteanna ó Cheannairí - Leaders’ Questions 470 04/12/2019O00300Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation 480 04/12/2019R01100Message from Select Committee 491 04/12/2019R01300Estimates for Public Services 2019: Message from Select Committee 491 04/12/2019R01500Ábhair Shaincheisteanna Tráthúla - Topical Issue Matters 491 04/12/2019R01700Misuse of Drugs (Amendment) Bill 2019: First Stage 492 04/12/2019S00800Planning and Development (Amendment) Regulations 2019: Referral to Joint Committee 493 04/12/2019S01100Ceisteanna (Atógáil) - Questions (Resumed) 493 04/12/2019S01200Commissions of Investigation Expenditure 493 04/12/2019T00400British-Irish Council 497 04/12/2019V00350Departmental Functions 501 04/12/2019DD00100Saincheisteanna Tráthúla - Topical Issue Debate 507 04/12/2019DD00200Rural Development Policy 507 04/12/2019EE00150Special Educational Needs 510 04/12/2019FF00300Hospital Overcrowding 513 04/12/2019GG00600Hospital Services 516 04/12/2019HH00450Estimates for Public Services 2019: Message from Select Committee 519 04/12/2019HH00600Environmental Impact of Quarries and Incinerators: Motion [Private Members] 519 04/12/2019SS00500Microbeads (Prohibition) Bill 2019: Order for Report Stage 544 04/12/2019SS00800Microbeads (Prohibition) Bill 2019: Report and Final Stages �����������������������������������������������������������������������������544 04/12/2019TT00800Landlord and Tenant (Ground Rents) (Amendment) Bill 2017 [Seanad]: Order for Report Stage ���������������������545 04/12/2019TT01100Landlord and Tenant (Ground Rents) (Amendment) Bill 2017 [Seanad]: Report and Final Stages 546 04/12/2019UU00400Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Order for Report Stage 547 04/12/2019XX00050Gaming and Lotteries (Amendment) Bill 2019 [Seanad]: Report and Final Stages 552 04/12/2019RRR00100Criminal Records (Exchange of Information) Bill 2019: Order for Report Stage 598 04/12/2019RRR00400Criminal Records (Exchange of Information) Bill 2019: Report and Final Stages 598 DÁIL ÉIREANN Dé Céadaoin, 4 Nollaig 2019 Wednesday, 4 December 2019 Chuaigh an Leas-Cheann Comhairle i gceannas ar 1030 am Paidir. Prayer. 04/12/2019A00100Resignation of Member 04/12/2019A00200An Leas-Cheann Comhairle: I wish to announce for the information of the House that at 1045 pm yesterday I received a letter of resignation from Deputy Dara Murphy as a Member of Dáil Éireann with effect from Tuesday, 3 December 2019. I am making arrangements to have the letter laid before the Dáil. In accordance with the provisions of Standing Order 197, the resignation took effect upon my receipt of the notice. This announcement is made for the information of the House and there will be no debates or statements 04/12/2019A00300Ceisteanna - Questions 04/12/2019A00400Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions 04/12/2019A00450Public Services Card 04/12/2019A0050035 Deputy Willie O’Dea asked the Minister for Employment Affairs and Social Protection if she has received an enforcement notice from the Data Protection Commissioner in respect of the public services card, PSC; if the course of action she will take has been decided; if enforce- ment proceedings have been issued; and if she will make a statement on the matter. [50497/19] 04/12/2019A00600Acting Chairman (Deputy Eugene Murphy): I remind Deputies that there is six and a half minutes for each question: 30 seconds for the Deputy to introduce, two minutes for the Minister, a supplementary from the Deputy, a further minute for the Minister, a final supplementary, and 444 4 December 2019 a final reply from the Minister. I ask all Members to try and keep within these guidelines and I appreciate that some of the answers are long 04/12/2019A00700Deputy Willie O’Dea: I will not take up my 30 seconds. We discussed this question on the previous occasion on which the Minister for Employment Affairs and Social Protection took questions and it was discussed subsequently at the Joint Committee on Employment Affairs and Social Protection. I have put down the question to find out if there is any update or has she received an enforcement notice yet 04/12/2019A00800Minister for Employment Affairs and Social Protection (Deputy Regina Doherty): To date, the Data Protection Commission, DPC, has not issued an enforcement notice, although I understand that one is being prepared. On receipt of the notice, the Department will consider its scope and terms and will respond appropriately at that time I am advised that the findings in the Data Protection Commission’s report do not have the force of law until such time as they are formalised in an enforcement notice subject to any ap- peals process being completed. On the basis of advice from the Office of the Attorney General, I and my officials are satisfied that the processing of personal data relating to the PSC has a strong legal basis, that the retention of data is lawful and that the information provided to users satisfies the requirements of transparency. Pending the receipt of any enforcement notice and any subsequent appeal that may be made, the Department will continue to conduct the SAFE 2 registration process and keep issuing issue PSCs to those citizens who require them. In continuing to support the use of the PSC, I maintain the approach first legislated for in 1998, and subsequently maintained by successive Governments. 04/12/2019A00900Deputy Willie O’Dea: The position then is that nothing has changed since we last discussed this matter. Is the Minister aware that the Road Safety Authority specifically stated in February 2018 that the PSC would be a mandatory requirement for applications for driving licences and not just online applications? Is she also aware that it was mandatory for people applying for naturalisation to have PSCs up until 16 August last - the day after the Data Protection Commis- sioner’s report was issued - when that requirement was withdrawn? 04/12/2019A01000Deputy Regina Doherty: I cannot say that I am or I am not What I will say for the record is that I, as Minister for Employment Affairs and Social Protection, am not responsible for the roll-out or usage of the PSC in any other Department or offices or agencies under their auspices. It is up to each individual line Minister to engage with Government e-services and decide how they want to employ them 04/12/2019A01100Deputy Willie O’Dea: I take the
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