Slavery by stealth, Privacy law experts

write to Minister for Justice over public

services cards Group concerned that
State is sleepwalking into a national
identity database

A group of privacy and data protection experts has written to Minister for
Justice Charlie Flanagan about the Public Services Card.

Elaine Edwards
Updated: Sat, Aug 26, 2017, 09:03

A group of academics specialising in privacy and data

protection law have said they are not aware of any legal
requirement for people in receipt of social welfare
payments to register for the public services card (PSC).
Eleven experts have written to Minister for Justice Charlie
Flanagan expressing concern about the Governments card
project after it emerged that a woman in her 70s had her
State pension cut off because she refused to register for a
card.
She has not been paid her pension for 18 months because
she refused to go through the registration and identity-
verification process as requested by the Department of
Social Protection. As a result she is owed about 13,000.
The woman said she felt bullied following several letters
from the department inviting her to register. No one had
been able to demonstrate that the card was mandatory,
she added.
In a letter sent on Friday, the academics noted what they
said was the intent to turn the PSC, which was originally
intended to be used for specified public service purposes
only, into a general purpose identity card to be used in a
wide variety of contexts under the Social Welfare and
Pensions Bill 2017.
It would appear that the time has now come where a
national identity card is essentially on the table, and it is
time for policy decisions in relation to this matter, they
wrote.
They said that to date, there had been no public
engagement in relation to the development of policy for a
national identity card.
Our concern is that as a result, we are sleepwalking into
developing a national identity index and national identity
card in all else but name, and that we have not considered
the very important implications before doing so.
Related
Pressure mounts on Government over public services
card
Regina Doherty says public services card now
mandatory for welfare
Public services card: Beware mission creep

They called on the minister to engage with the public for

the development of policy on this matter, and for there to
be a real debate on the issue.
They asked that the minister recommend that further
expansion of the card be delayed and that the provision in
the recent Social Welfare and Pensions Bill extending its
use not be enacted until the matter had been aired and
policy considered in depth.
The group also noted that in 2015, then minister for social
protection Joan Burton said the question of introducing a
national identity card had not been part of the remit for
the so-called SAFE scheme to register welfare recipients.
Ms Burton said in the Dil that such a measure would
require due consideration by the appropriate agencies
before any policy decisions could be formulated by
Government and would require the development and
implementation of legislation to support any such policy.
The academics said it was now being made effectively
compulsory to have the PSC in order to carry on ordinary
business in our society (for example to get a driving
licence or a passport).
They noted the Department of Social Protection was now
writing to social welfare recipients stating that registration
for the card was now a legal requirement for people in
receipt of social welfare payments (including Child
Benefit) or free travel entitlements.
We are not aware of any such legal requirement, they
said.
The group includes Dr Stephen Farrell of Trinity College
Dublin, Dr Alan Greene of Durham Law School, Prof Steve
Hedley of UCC, Dr Rnn Kennedy of NUI Galway, Prof
Maeve McDonagh of UCC, Dr TJ McIntyre of UCD, Dr
Maria Helen Murphy of Maynooth University, Dr Patrick
OCallaghan of UCC, Dr Darius Whelan of UCC and Prof
Robert Clark, UCD emeritus professor, who wrote the first
Irish book on data protection.
The Data Protection Commissioner said it had strongly
conveyed its views on the public services card project on
numerous occasions to the Department of Social
Protection that there was a pressing need for updated,
clearer and more detailed information to be
communicated to the public and services users regarding
the mandatory use of the PPSN and PSC for the provision
of public services.

Fianna Fil Seanad spokeswoman on social protection

Catherine Ardagh said it was essential that both houses
of the Oireachtas were provided with an opportunity to
debate and consider the possible human rights and/or
data protection implications of introducing such a system
of national ID cards.
Any measure or initiative designed to effectively establish
a State database of citizens information requires a
comprehensive debate, and the fact that a public services
card will soon be required for all passport applications,
driving licences and driver theory tests means that this
debate needs to happen once the Oireachtas returns, Ms
Ardagh said.
The card was introduced to replace the old social welfare
card and some other cards used for State services and
about 2.75 million have been issued to date.
The Department of Social Protection has a target of 3
million cards to reach by the end of this year.
It said on Friday the card did not have any of the typical
characteristics of a national identity card in that people
were not required by law to register for one and it was not
compulsory or mandatory for individuals to hold or carry
one.
It said An Garda Sochna was specifically precluded from
requesting an individual to produce a PSC as proof of
identity.
The public services card is exactly that a card is
designed for the purpose of safely, securely and efficiently
providing public services.
https://www.irishtimes.com/news/social-affairs/privacy-law-experts-write-to-
minister-for-justice-over-public-services-cards-1.3199487?mode=amp

25 August 2017

Public Services Card

Dear Minister

We are researchers in the areas of information technology, information security,

privacy, data protection and fundamental rights. We write on our own behalf
rather than on behalf of our respective institutions.
We refer to the public services card (PSC) and its increasing use in relation to
public services. We note in particular the intent to turn the PSC, which was
originally intended to be used for specified public service purposes only, into a
general purpose identity card to be used in a wide variety of contexts under the
Social Welfare and Pensions Bill 2017.

We note that in 2015 the Minister for Social Protection, Joan Burton, made the
following statement:

The question of the introduction or otherwise of a national identity card was not
part of SAFEs [the scheme of which the Public Services Card is part] remit. The
matter of establishing a national identity index and producing a national identity
card is a wider issue. It would require due consideration by the appropriate
agencies before any policy decisions could be formulated by Government and
would require the development and implementation of legislation to support any
such policy. Development of policy in this area would be led by the Minister for
Justice and I am not aware of any current plans for her to do so.

We also note that it is now being made effectively compulsory to have the PSC in
order to carry on ordinary business in our society (for example to get a driving
licence or a passport).

The Irish Times of 22nd August reports that a pensioner has had her state
pension withheld for querying the legal basis for requirement she obtain a PSC,
and the statement by the Department of Social Protection on the matter suggests
they consider the card to be mandatory to access basic entitlements:

It was not possible for a person to satisfy the minister as to his or her identity
without being registered in a process which results in them being issued with a
public services card.

We note that the Department of Social Protection is now writing to social welfare
recipients stating:

Registration for the Public Services Card is now a legal requirement for people in
receipt of social welfare payments (including Child Benefit) or free travel
entitlements.

We are not aware of any such legal requirement.

The Department of Social Protection website outlines an array of public services

for which similar mandatory uses of this voluntary card are proposed, many of
which appear to lack any legal basis.

It would appear that the time has now come where a national identity card is
essentially on the table, and it is time for policy decisions in relation to this
matter.

However, to date, there has been no public engagement in relation to the

development of policy for a national identity card.

Our concern is that as a result, we are sleepwalking into developing a national

identity index and national identity card in all else but name, and that we have
not considered the very important implications before doing so.

We call on you now to engage with the public for the development of policy on
this matter, and for there to be a real debate on the issue. We request that you
recommend that further expansion of the PSC be delayed and that Head 6 of the
Social Welfare and Pensions Bill not be enacted until this matter has been aired
and policy considered in depth.

Yours sincerely

Dr. Graham Butler

Aarhus University

Professor Robert Clark

Sutherland School of Law, University College Dublin (Emeritus)

Dr. Vicky Conway

School of Law and Government, Dublin City University

Dr. Stephen Farrell

School of Computer Science and Statistics, Trinity College Dublin

Dr. Alan Greene

Durham Law School

Professor Steve Hedley

School of Law, University College Cork

Brian Honan
CEO, BH Consulting

Dr. Jennifer Kavanagh

School of Humanities, Waterford Institute of Technology

Dr. Rnn Kennedy

School of Law, National University of Ireland, Galway

Professor Maeve McDonagh

School of Law, University College Cork

Dr. TJ McIntyre
Sutherland School of Law, University College Dublin

Dr. Maria Helen Murphy

Department of Law, Maynooth University

Dr. Patrick OCallaghan

School of Law, University College Cork

Professor Barry O'Sullivan

Insight Centre for Data Analytics, University College Cork

Dr. Johnny Ryan

Head of Ecosystem, Pagefair

Dr. Liam Thornton

Sutherland School of Law, University College Dublin

Dr. Darius Whelan

School of Law, University College Cork

Cc: Minister for Employment Affairs and Social Protection

[Since the original letter was sent additional individuals have signed on, and the
first paragraph has been modified slightly to reflect that not all are primarily
academics.]

Read this letter to the Minister for Justice and Equality from leading academics in law and
security who are concerned about this National ID card.
There are real reasons to be worried about this card and it's time you understood them.

http://www.tjmcintyre.com/2017/08/letter-regarding-public-services-

card.html#more

Legal basis of requirement

for Public Services card
questionable
Laoghaire
28 August, 2017 - by Donnchadh Laoghaire TD
Sinn Fin TD Donnchadh Laoghaire has expressed concerns regarding the manner in
which the Government is managing the requirement for a Public Services card, stating
that there has been no real debate regarding the potential implications of such a card, or
any such database.

The Sinn Fin Justice spokesperson, was speaking following correspondence from
numerous privacy law experts regarding their concerns to the Minister for Justice Charlie
Flanagan.

The Cork South-Central TD said:

The case of an elderly woman being deprived of her pension for some 18 months for
refusing to register for the Public Services Card is quite shocking and it is morally wrong
that she was put in this position of hardship.

However, it is also the case that the legal basis for this is debatable, and that the
Government may not be entitled to require registration for this card, as numerous legal
experts have outlined, stating we are not aware of any such legal requirement.

There is no legal basis in legislation for this card. The Department is relying on a section
of the Social Welfare Consolidation Act 2005 (section 247C as inserted by the Social
Welfare and Pensions Miscellaneous Provisions Bill), merely requires that the Minister
may require any person receiving a benefit to satisfy the Minister as to his or her identity,
and that failure to do so could lead to disqualification. This legislation does not
specifically that this must be a public services card; it does not even mention it.

If the woman in question, or anyone else, can satisfy the state via other the identification
outlined in the specific section, that they are who they say they are, then it is difficult to
see how a payment could be legitimately withheld from a person. This is an extremely
thin legal basis for such a major public policy initiative. It is not clear that the Bill before
the House deals with this either.

There are very considerable and legitimate concerns regarding privacy, and sharing of
sensitive date, and several privacy law experts have expressed their concerns to the
Minister for Justice in recent days.

My Dil colleagues John Brady TD and Mary Lou McDonald TD have already expressed
serious reservations regarding the concerns that this is part of a move towards a National
Identity Card, and a related database; it is simply not acceptable to attempt to introduce
such a far reaching policy by stealth. Making such a card mandatory by
merely administrative means is not legally sound or acceptable.

There needs to be a full debate on this, and the Ministers for Social Welfare and for
Justice need to be upfront, and deal with the significant privacy and date protection
concerns outlined.

http://www.sinnfein.ie/contents/45924

Maybe because this card has less to do with ensuring verification and more about the
ultimate power and control it wields on unsuspecting citizens who think they are safe from
such abuse of powers...
Just think of what this means if you protest or you decide to take a stand against some
Government policy in the future...
Your card can simply be disabled or voided and since it is the ONLY card they will accept
for an ever increasing list of public services...
where does that leave you?

EU and FG Leo Varadkars and Other Ministers,

Pascal O Donoghue, Regina O Doherty
https://www.scribd.com/document/357230201/EU-and-FG-Leo-Varadkar-s-and-

Other-Ministers-Pascal-O-Donoghue-Regina-O-Doherty-Had-Try-to-Force-

Voluntary-ID-Card-on-Public-by-Denying-Services

Machine-readable identity documents with biometric data in ...

www.vub.ac.be/LSTS/pub/Dehert/190.pdf

As far as Regulation 2252/2004 on EU Passports ... violation of the principle of purpose limitation. ...
clear whether (and if so,

Watchdog to write to
Government over public
services card
Irish Council for Civil Liberties getting a large number of
queries from public
Wed, Aug 23, 2017,
Elaine Edwards

The Irish Council for Civil Liberties said it is getting a large number of queries
about the public services card
The Irish Council for Civil Liberties is to write to the
Government expressing concerns about the roll-out of the
public services card.

The Irish Council for Civil Liberties is to write to

the Government expressing concerns about the roll-out of the public
services card.
The scheme came in for renewed criticism this week after it
emerged that a woman in her 70s had her State pension cut off
because she refused to register for a card.
She has

"I know Social Protection have the public services card, and they're
doing that for a very good reason. They're doing that to protect
taxpayers' money and to put safety checks in place,"
http://www.irishtimes.com/news/social-affairs/watchdog-to-write-to-
government-over-public-services-card-1.3196161?mode=sample&auth-
failed=1&pw-
origin=http%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fsocial-
affairs%2Fwatchdog-to-write-to-government-over-public-services-card-
1.3196161#.WZ3PvUDd4MY.twitter
By July 2016 over 2 million #psc cards had
issued. I invite you to consider the level of fraud
detected & the prosecution rate.
Tackling welfare fraud is good. Is it worth 60m & counting to obtain 13 convictions & detect
1.7m of suspected fraud?

There is only one way to make secure biometric

identity - NEVER collect non-revocable
biometric data
Fraud behind refusal of some welfare recipients to
sign for public service card says Department
Sunday, August 27, 2017
The Department of Social Protection says it believes fraud is behind the
refusal of some welfare recipients to sign up for a public service card,
writes Caroline O'Doherty.
The Irish Examiner reported at the weekend that the Department had
made 800,000 in savings through payments ceased or suspended after
recipients failed to engage with the registration process for a card.
The Department says it does not know why people do not register but
says: "It is not unreasonable to suggest that in some cases this
represents individuals engaged in identity fraud."

Public service cards are being demanded for access to a growing range
of state services and benefits and Minister Regina Doherty has said
while they are not legally mandatory, they will be compulsory for
engaging with her department and other departments and state
agencies.
Opposition parties and civil liberties groups have reacted with concern
that the card is a de facto national identity card which they say must be
properly debated and legislated for.
The Data Protection Commissioner has also said updated, clearer and
more detailed information about the card must be communicated to
the public.
But the Department says these arguments are not reflected in its
dealings with members of the public who are told they need to register
for a card at risk of losing their benefits if they fail to do so.
It is difficult to give precise reasons as to why some people have chosen
to no longer engage with the Department of Social Protection following
an invitation to register, it said.
However, as these individuals do not contact the Department to
complain regarding any aspect of the public service card process, we
can reasonably conclude that this is not the issue.
The Department said it did not collect data on the number of people
who had a payment stopped because of their failure to register as this
data was fluid in nature.
It said it could not update the 800,000 figure, which was reported by
the public spending watchdog, the Comptroller and Auditor General, as
the amount saved up to the end of July last year.
The customers behind this figure choose, for whatever reason, to cease
any engagement with the Department when asked to verify their
identity.
While the Department can not be certain of the various reasons
individuals choose to no longer engage with us (emigration, change of
status etc), it is not unreasonable to suggest that in some cases this
represents individuals engaged in identity fraud who did not wish to be
uncovered.

http://www.irishexaminer.com/breakingnews/ireland/fraud-behind-refusal-of-
some-welfare-recipients-to-sign-for-public-service-card-says-department-
803581.html#.WaNIiYHSZnY.twitter

Call for Oireachtas debate

amid 'concerns' about Public
Services Card
Regina Doherty has said the card is not compulsory, but
mandatory
25 Aug 2017
Organisations representing the elderly have expressed concern over an
admission that the Public Services Card is "mandatory" to access social
protection services.
On Newstalk Breakfast earlier, Minister Regina Doherty claimed the card is not
compulsory as "nobody is required by law" to have one.
But she said Government departments will refuse to provide citizens with the
basic public services they are entitled to if they refuse to sign up.
Her comments came after a woman in her 70s was refused her State
pension because she did not want to sign up for the card.
Justin Moran is head of advocacy at Age Action.
He said: "In January the department told us that one-in-four people with a travel
pass did not have a Public Services Card.
"Even if this figure has improved, it still means tens of thousands of older people
do not have a card.
"Earlier this week it was revealed a woman in her 70s had her pension cut off
because she does not have a Public Services Card.

"We would be very concerned if this new requirement for the card leads to more
older people losing their entitlements and we would urge the department to
ensure no one is penalised because they do not have a Public Services Card."
'A huge step without asking the public first'
Fianna Fil's spokesperson for social protection, Senator Catherine Ardagh, has
said it is essential that the Oireachtas are given an opportunity to debate and
consider the concerns.
Senator Ardagh said: "It is important to note that this card has been in operation
for those who require Social Protection services since 2011.
"This is not the first time a national ID card system has been mooted.
"The use of biometric data being incorporated into the public services card in
order to seemingly eliminate the possibility of fraud and to improve the efficiency
of public services will bring personal rights into sharper focus.
Responding Minister Regina Doherty's comments, Green Party technology
spokesperson Councillor Ossian Smyth said: "It is sinister that Fine Gael is now
revealing that the real purpose of its mandatory National ID card scheme is to
deny services to the public.
"The Government is bringing in mandatory identity cards for Irish citizens.
"This is a huge step to take without asking the public first - and the first way they
are being used is to deny rights to citizens."

Social Protection response

In reponse, the Department of Social Protection said in a statement: "The Public
Services Card (PSC) is precisely that, a card for accessing public services.
"It helps customers access a range of public services easily.
"The users identity is fully authenticated when it is issued so they do not have to
give the same information to multiple organisations.
"It was first introduced in 2011 and was initially rolled out to people getting social
welfare payments. It is now being rolled out to other public services."
The department adds: "The Public Service Card is a card for accessing public
services only.
"It is a token which proves that a person has had their identity verified to a
substantial level of assurance in accordance with the SAFE 2 standard.
"It is governed in that context by legislative provisions in the Social Welfare
Consolidation Act 2005 (as amended), which limit its usage."
It says the card does not have "any of the typical characteristics of a national
identity card", in that people are not required by law to provide it to a member of
the police force at their request.
http://www.newstalk.com/Call-for-Oireachtas-debate-amid-concerns-about-
Public-Services-Card

Minister says woman in

Public Services Card row
should be paid her pension
It's reported that the woman is owed in the region of 13,000
due to the dispute
NEWS
23 Aug 2017
A Cabinet minister says the department of social
protection should pay a woman her pension, despite her
refusal to get a Public Services Card.
The woman in her 70s is believed to be owed in the region of
13,000 due to the dispute.
The Irish Times reports that the woman told officials she
would get the identity card if she was shown proof that the
card was 'mandatory' - but such proof has not been produced.
Cards have now been issued to more than 2.5 million Irish
citizens, and Public Expenditure Minister Paschal Donohoe
has insisted it "is not and will not be" mandatory.
Privacy campaigners, meanwhile, have claimed that making
the card compulsory for any service would amount to the
introduction of "national ID card by stealth".
Michael Ring acknowledged there is confusion over how the
card is being used.
The Community and Rural Affairs Minister suggests the card
has been brought in for good reason, but clarity is needed on
how it's implemented.
Speaking on Newstalk Breakfast, Minister Ring said that while
he doesn't like speaking about individual case, he "would
hope that Social Protection would pay that woman".
He argued: "I know Social Protection have the Public Services
Card, and they're doing that for a very good reason. They're
doing that to protect taxpayers' money, and to put safety
checks in place.
"We have seen in the last number of years, the amount of
fraud that they have discovered in the Department of Social
Protection - and they're doing that in the best interests of the
country, the best interests of the department and the best
interests of the taxpayer."
He added: "The question mark is open whether [the cards] are
or they aren't [compulsory]."
http://www.newstalk.com/Minister-says-woman-in-Public-Services-Card-row-
should-be-paid-her-pension

Government denies attempt

to introduce national ID card
by stealth"
A new plan will make it mandatory for anyone applying for a
passport to first obtain a Public Services Card
22 May 2017

NEWS
The Government has denied claims it is attempting to
make it compulsory for citizens to have a Public Services
Card despite the fact that it will soon be required to
apply for a passport.
Privacy campaigners have claimed the plan to make the card
compulsory for anyone applying for a drivers licence or
passport amounts to the introduction of national ID card by
stealth.
The passport application requirement is set to be introduced in
the autumn, while applicants for drivers licences will need to
have one by next year.
Public Expenditure Minister Paschal Donohoe has insisted it
is not and will not be mandatory to have a PSC card but
Daragh OBrien, managing director of Castlebridge Data
Protection and Data Governance is not convinced:
If you require it in order to get a drivers licence in order to get
to work, or to get a passport in order to go on holidays with
your family, then it is mandatory even if the state is saying
otherwise, he said.
He told Newstalk Breakfast that while he can see benefits to a
national ID card system, it cannot be introduced by stealth,
without appropriate debate and transparency.
The PSC card was rolled out in on a pilot basis in 2011.
It was initially issued to social welfare recipients with the
Department of Social Protection threatening anyone who
refused to obtain the card with a suspension of payment.
The card has now been issued to over 2.5 million Irish
citizens.
Tool of petty harassment
The head of civil liberties group Digital Rights Ireland, TJ
McIntyre, told The Pat Kenny Show that he has concerns over
the manner in which the card is now being rolled out to the
rest of the population.
People have been apparently, in some cases, randomly
required to register even though they are not within the formal
schemes that require people to register, he said.
In other cases, perversely they have been sending out cards
to people who havent applied for them and dont want them.
While many European countries require their citizens to carry
a mandatory national ID card, Mr McIntyre warned that they
have the "potential to be used a tool of petty harassment."
In France as a middle-aged white man, you might find it
slightly easier to move around and not be asked for your ID
that much, he said.
As a young black or Arab man in the Parisien Banlieu you
might find yourself asked for ID in a slightly more harassing
manner more often by police.
You can listen back to Mr McIntyre's conversation with Pat
Kenny here:
Mr OBrien warned Newstalk Breakfast that the card will
require a quite large amount of data sharing between
government departments adding that under a 2015 ruling
from European Court of Justice, no personal data can be
shared between public bodies unless the citizen in question is
informed first.
"I'm not sure what the Government's difficulty is in enshrining
this in law, he said. But what they are trying to do is
introduce an umbrella data sharing bill to give state agencies
a carte blanche to share data on a broad basis.
"That's an attempt to get around the Data Protection Act
requirements under EU law.
"If the sharing is important and has a valid purpose - and is
valuable for the state and the citizen - then surely it should be
put on the strongest foundation possible by making sure it is
being done in the most transparent and appropriate way."
National security
In a statement this morning, Minister Donohoe claimed that
the ID cards are in the best interest of Irelands national
security.
"Government has an obligation to deploy the most robust
means of online and physical identity verification possible to
ensure that it is doing all it can to reduce fraud, impersonation
and the risk of identity theft in the delivery and accessing of
public services," he said.
The minister is hopeful he will be able to get his new Data
Sharing and Governance Bill passed this year before the EU
General Data Protection Regulation (GDPR) comes into force
in May 2018.
A draft version of the bill is due for debate in the Oireachtas
Committee on Finance tomorrow.
Mr OBrien said that done right, it could be a very good thing
but warned there is an incredible lack of controls and
transparency in the legislation as it stands.
You can listen back to Mr O'Brien's full appearance on
Newstalk Breakfast here:

http://www.newstalk.com/Government-denies-attempt-to-
introduce-national-ID-card-by-stealth
Names and addresses of
welfare fraudsters to be
published
A new bill is also looking to give same-sex couples access to
occupational pension schemes
9 May 2017

Share to LinkedIn
The Government has announced plans to name and
shame people convicted of welfare fraud.
Social Protection Minister Leo Varadkar has published the
Social Welfare Bill 2017, which includes two proposals to
deter abuse of the system.
One way is that the Department of Social Protection will
publish a list of the names, addresses and penalties incurred
by people who have been convicted of welfare fraud on a
quarterly basis.
The second action will mean that the department will have the
power to reduce the rate of any weekly social welfare payment
to a person convicted of fraudulently claiming payment.
It comes less than a month after a new campaign encouraging
people to report suspected social welfare cheats was
launched.
The bill also introduces measures to tackle difficulties in
Defined Benefit (DB) Occupational Pension schemes.
It requires employers who sponsor DB schemes - whether or
not those schemes are in deficit - to give 12 months' notice of
plans to stop contributions.
If a scheme is in deficit, employers and trustees will need to
enter into discussions to agree a proposal before the 12
month period expires.
It also introduces a time limit of six months for trustees of a
DB scheme in deficit to submit funding proposals to the
Pensions Authority.
Disability Allowance and Blind Pension
The bill will also removes a barrier to employment for people
on Disability Allowance and the Blind Pension.
It will allow them to keep some, or all, of their weekly welfare
payment if they take up work - which will no longer have to be
of a strictly rehabilitative nature.
And changes in the bill means people can include their date of
birth on their Public Services Card if they wish.
The department says this will be of particular benefit to those
who may have not a driving licence or passport.
Finally the bill would allow same-sex spouses and civil
partners of those in occupational pension schemes to receive
a spouse's pension in certain circumstances.
"This significant equal treatment proposal aims to provide that
same-sex couples enjoy the same rights and entitlements in
this area as any other married couples do," the department
adds.
The bill will now be submitted for pre-legislative scrutiny by the
Joint Oireachtas Committee on Social Protection.
Minister Varadkar says: "The bill contains key measures to
increase protections for members of Defined Benefit
Occupational Pension schemes, and to make it easier for
people with disabilities to take up work.
"There are also reforms to tackle welfare fraud. I am keen to
introduce reforms in these policy areas and I look forward to a
fruitful debate in the Oireachtas as the bill proceeds through
the Houses".
http://www.newstalk.com/Names-and-addresses-of-welfare-fraudsters-to-be-
published
They didn't actually use "beards and make-up" Porkies from #LeBeaut LV
No idea if any paper ran with it. Here's the release.

Welfare recipients see benefits

cut off in row over mandatory
cards
Saturday, August 26, 2017
Caroline ODoherty

At least 800,000 in benefits has been withheld from

welfare recipients who failed to sign up for a public services
card after they were told to by the Department of Social
Protection.
The department is under fire for cutting off the pension of a
woman in her 70s who refused to take part in a registration
process for the card which is not compulsory under law. But
the department has taken the same stance in other cases,
resulting in savings of 802,000 to the end of July last
year.
Minister Regina Doherty drew criticism when she admitted
yesterday that public service cards were in effect
compulsory even though not required by law.
She told Newstalk: Lets be very clear. Nobody is required
by law to have a card so therefore it isnt compulsory.
However, she added: For my department its mandatory
and I know people might say Im splitting hairs. She
confirmed that many other departments and state bodies
would also be requiring people to have public service cards
before allowing them to avail of services.
Her comments sparked anger and Fianna Fil and the Social
Democrats called for a full public debate on the move
towards mandatory identity cards. Social Democrats co-
leader Risn Shortall said: This type of public
administration by stealth lacks transparency, threatens
peoples rights and is just not acceptable.
Great Q&A piece by @codohertynews on the public services card fiasco.

The Greens described the move as sinisterand the Workers Party said it was
reprehensible.

Active Retirement Ireland and Age Action demanded assurances that no older
person would be penalised because they did not have a card. The Irish Council for
Civil Liberties has also expressed concern.

The Office of the Data Protection Commissioner said the Department of Social
Protection had, at the Commissioners urging, agreed to publish a comprehensive
list of questions and answers setting out for the public exactly how the card was
being managed.

We have strongly conveyed our views on numerous occasions to the department

that there is a pressing need for updated, clearer and more detailed information to
be communicated to the public, it said.
The savings made from those not complying with the card requirements are
referred to in a report from the Comptroller and Auditor General last autumn which
notes that 2.502m in total savings were recorded, including 1.7m relating to
suspected fraudulent claims.

The remainder related to savings in respect of payments ceased or suspended

where welfare recipients were invited to register for a public services card but did
not do so.

Savings were not recorded where a new claim was made by a prospective recipient
who abandoned or withdrew the claim because they could or would not register for
a card. The department was asked for up-to-date figures yesterday but was unable
to provide them at time of publication.

Identifying problems
Q: Whats a Public Services Card?

A: Its an identity card that people must present to access a growing range of state
services and benefits.
Q: So its a national identity card?
A: Technically, no because technically its not mandatory to have one and the
Garda cant demand anyone produce one to prove their identity.
Q: Technically? So theres a grey area?
A: Well, its mandatory to have one to access services such as the state pension, free
travel, other social welfare payments, a first time driving licence and first time adult
passport. It will also be mandatory next year for all passport and licence renewals,
student grants and department of agriculture services with many more to follow.
Q: So unless youve won the Lotto and can set up an independent republic on a
ship forever sailing Irish waters, the chances are youll need state services and
the card to access them?
A: So long as you dont install a ships radio. Youd need a licence for that and
undoubtedly that will require a card too.
Q: Why not just go the whole hog and make it a national identity card?
A: Because that would require new and controversial legislation.
Q: Why controversial?
A: Because there is a view that people should be free to peacefully walk the streets
of their own country without being interrogated as to who they are and required to
prove it. Also, there is a trust issue around who owns and managesthe images and
information gathered given the potential for data breaches, deliberate or
accidental.
Q: If I want a card, how can I get one?
A: You have to make an appointment to be interviewed and photographed in a
Department of Social Protection office. Youll be told to bring certain documents
and proof of identity.
Q: But if I have proof of identity good enough to get a public services card, why
do I need a public services card to prove my identity?
A: Em, er.....
http://amp.irishexaminer.com/ireland/welfare-recipients-see-benefits-cut-off-
in-row-over-mandatory-cards-457782.html

ICAO Logical Data Structure 2.0 (LDS2), visa and ... a clear roadmap for new
features, ... European Union ..
Privacy law experts write to
Minister for Justice over
public services cards
Group concerned that State is sleepwalking into a
national identity database
Sat, Aug 26, 2017, 08:48 Updated: Sat, Aug 26, 2017, 09:03
Elaine Edwards

A group of privacy and data protection experts has written to Minister for
Justice Charlie Flanagan about the Public Services Card.
A group of academics specialising in privacy and data
protection law have said they are not aware of any legal
requirement for people in receipt of social welfare
payments to register for the public services card (PSC).
Eleven experts have written to Minister for Justice
Charlie Flanagan expressing concern about the
Governments card project after it emerged that a
woman in her 70s had her State pension cut off because
she refused to register for a card.
She has not been paid her pension for 18 months
because she refused to go through the registration and
identity-verification process as requested by the
Department of Social Protection. As a result she is owed
about 13,000.
The woman said she felt bullied following several
letters from the department inviting her to register. No
one had been able to demonstrate that the card was
mandatory, she added.
In a letter sent on Friday, the academics noted what they
said was the intent to turn the PSC, which was
originally intended to be used for specified public service
purposes only, into a general purpose identity card to be
used in a wide variety of contexts under the Social
Welfare and Pensions Bill 2017.
It would appear that the time has now come where a
national identity card is essentially on the table, and it is
time for policy decisions in relation to this matter, they
wrote.
They said that to date, there had been no public
engagement in relation to the development of policy for
a national identity card.
Our concern is that as a result, we are sleepwalking into
developing a national identity index and national
identity card in all else but name, and that we have not
considered the very important implications before doing
so.

Letter to Minister for Justice Re Public Services Card August 25 2017

https://assets.documentcloud.org/documents/3969352/Letter-to-Minister-for-
Justice-Re-Public.pdf

They asked that the minister recommend that further expansion of the
card be delayed and that the provision in the recent Social Welfare and
Pensions Bill extending its use not be enacted until the matter had been
aired and policy considered in depth.
The group also noted that in 2015, then minister for social protection Joan
Burton said the question of introducing a national identity card had not
been part of the remit for the so-called SAFE scheme to register welfare
recipients.
Ms Burton said in the Dil that such a measure would require due
consideration by the appropriate agencies before any policy decisions could
be formulated by Government and would require the development and
implementation of legislation to support any such policy.
The academics said it was now being made effectively compulsory to have
the PSC in order to carry on ordinary business in our society (for example
to get a driving licence or a passport).
They noted the Department of Social Protection was now writing to social
welfare recipients stating that registration for the card was now a legal
requirement for people in receipt of social welfare payments (including
Child Benefit) or free travel entitlements.
We are not aware of any such legal requirement, they said.
The group includes Dr Stephen Farrell of Trinity College Dublin, Dr Alan
Greene of Durham Law School, Prof Steve Hedley of UCC, Dr Rnn
Kennedy of NUI Galway, Prof Maeve McDonagh of UCC, Dr TJ McIntyre of
UCD, Dr Maria Helen Murphy of Maynooth University, Dr Patrick
OCallaghan of UCC, Dr Darius Whelan of UCC and Prof Robert Clark,
UCD emeritus professor, who wrote the first Irish book on data protection.
The Data Protection Commissioner said it had strongly conveyed its
views on the public services card project on numerous occasions to the
Department of Social Protection that there was a pressing need for
updated, clearer and more detailed information to be communicated to the
public and services users regarding the mandatory use of the PPSN and
PSC for the provision of public services.
Fianna Fil Seanad spokeswoman on social protection Catherine Ardagh
said it was essential that both houses of the Oireachtas were provided
with an opportunity to debate and consider the possible human rights
and/or data protection implications of introducing such a system of
national ID cards.
Any measure or initiative designed to effectively establish a State database
of citizens information requires a comprehensive debate, and the fact that
a public services card will soon be required for all passport applications,
driving licences and driver theory tests means that this debate needs to
happen once the Oireachtas returns, Ms Ardagh said.
The card was introduced to replace the old social welfare card and some
other cards used for State services and about 2.75 million have been issued
to date.
The Department of Social Protection has a target of 3 million cards to reach
by the end of this year.
It said on Friday the card did not have any of the typical characteristics of a
national identity card in that people were not required by law to register
for one and it was not compulsory or mandatory for individuals to hold or
carry one.
It said An Garda Sochna was specifically precluded from requesting an
individual to produce a PSC as proof of identity.
The public services card is exactly that a card is designed for the
purpose of safely, securely and efficiently providing public services.
https://www.irishtimes.com/news/social-affairs/privacy-law-experts-write-to-
minister-for-justice-over-public-services-cards-1.3199487

Public services card:

Libraries and all are going
to start using it
Case studies
Tue, Aug 22, 2017, 20:26

Minister for Public Expenditure and Reform Paschal Donohoe with a giant
public services card. The card aims to assist people accessing government
services. Photograph: Eric Luke
PAULA MORRIN, NURSE: THEY MADE IT
SOUND EXTREMELY URGENT
Paula Morrin, a nurse from Dublin, said she began
receiving letters more than a year ago asking her to attend
an appointment to register for the public services card.
She ignored them. She said she had never claimed a
welfare benefit, had never been unemployed, and did not
see why she needed the card.
http://www.irishtimes.com/news/social-affairs/public-services-card-libraries-
and-all-are-going-to-start-using-it-1.3195053?mode=sample&auth-
failed=1&pw-
origin=https%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fsocial-
affairs%2Fpublic-services-card-libraries-and-all-are-going-to-start-using-it-
1.3195053
I am quite confused by this not obligatory,
mandatory voluntary card.

ReginaDo law. Fascist demand. No card no

passport no driving licence no pension. Is it
legal?
Old Emperor gone. Hail the new Emperor :-))
Public services card: Beware
mission creep
Rather than invite public debate about the implications of
the card, the main political parties accepted its
introduction on the grounds of fraud prevention and a
more efficient public service
Fri, Aug 25, 2017,

Almost three million public services cards have been issued to date, leading
to criticism from civil liberties groups that it amounts to the introduction of
national identity cards by the back door. Photograph: Bryan OBrien
Ireland is one of three EU States along with Denmark
and the UK that does not formally issue national
identity cards. For the past decade, however, there has
been administrative creep here as successive
governments authorised the issuing of public services
cards that are used for social welfare claims, free travel
and other allowances. Card registration will soon be
required to qualify for driving tests and passports and it
may not stop there. Ministers insist the cards are
voluntarily but this has become an exercise in
obfuscation.
Almost three million cards have been issued to date,
leading to criticism from civil liberties groups that it
amounts to the introduction of national identity cards by
the back door. Because of a catch-22 approach being
taken by the Department of Social Protection, it is hard
to disagree with that assessment. Citizens are required to
satisfy the minister as to their identity to qualify for
payments. To receive their entitlements, however,
officials demand a public services card as proof of
identity. Production of a passport or other document is,
apparently, not regarded as sufficient. As a common law
country, there has been resistance to the introduction of
identity cards and governments traditionally backed
away from the idea. Computerisation of State databases,
however, brought demands for a standardised means of
assessing public services and for identity verification to
combat fraud. Rather than invite public debate about the
implications of the card, the main political parties
accepted its introduction on the grounds of fraud
prevention and a more efficient public service.
The card has saved the State millions of euro in
fraudulent welfare claims, and the Government argues
that it has reduced the incidence of overall
administrative error. Politicians have defended its
introduction on the grounds of fraud prevention and this
justification clearly resonates with voters. Because of the
manner of its introduction and its opaque legal status,
however, it should not be treated as the only means of
identification when qualifying for State benefits.
https://www.irishtimes.com/opinion/editorial/public-services-card-beware-
mission-creep-1.3197377

Public services cards: the

case for and against
Government argues they facilitate efficient delivery of
services, but not everyone is convinced
Wed, Aug 23, 2017, 01:00
Public services card
The project to develop the public services card was first
identified by the then government in 2004 as an
important component for modernising the delivery of
public services.
http://www.irishtimes.com/news/social-affairs/public-services-cards-the-case-
for-and-against-1.3195028?mode=sample&auth-failed=1&pw-
origin=https%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fsocial-
affairs%2Fpublic-services-cards-the-case-for-and-against-1.3195028

The case for and against identity cards

THE Government is thinking of introducing compulsory identity
cards. But would they cut crime and protect us from terrorism? Philip
Johnston reports
25 Sep 2001
Have we had ID cards before? ID cards were introduced during the First World War as
part of a statutory registration scheme. It ended in 1919. They were reintroduced in 1939
and remained in force for several years after the war until they were abolished by
Churchill in 1952. They were only considered tolerable in times of emergency and the
public came to resent the police checks in times of peace. The last Conservative
government toyed with the idea in 1995. Michael Howard, then Home Secretary, issued a
Green Paper setting out the various options but decided not to proceed.
Would they cut crime? The police think ID cards would help in a number of areas,
including tracing suspects or identifying accident victims. But this could only be of benefit
if the card was compulsory and carried at all times. The police already have many
powers to ask people who they are in specific circumstances. Critics say a burglar is
breaking the law anyway so penalties for not carrying an ID card are unlikely to deter.
They could be useful in cases of low-level disorder such as fights or football hooliganism
where the police want to establish identities quickly without taking them back to the police
station. The Commons home affairs select committee, which looked into ID cards in
1996, said there was "no firm evidence" that ID cards had reduced crime in countries
which use them.
Would they stop fraud? Police told the Commons committee that an ID scheme would
"have a deterrent effect on offenders who profit by practising criminal deception". Other
witnesses, however, pointed out that most fraud is not identity-related. The Department
of Social Security said only five per cent of benefit fraud related to identity and the major
cause was "misrepresentation of circumstances" which would not be caught by an ID
card. MPs concluded that an ID card could have a deterrent effect. Where bank and retail
fraud was concerned an ID card would be a straightforward means of establishing
identity but machines would have to be set up in shops to ensure that the card was not
forged.
Would they stop illegal immigration? Arguments were being made for ID cards even
before Sept 11 by those who think they could help reduce the number of illegal
immigrants. However, many people who are described as illegal immigrants are, in fact,
asylum-seekers. An ID scheme would not prevent their arrival in the country. It could help
prevent illegal working by asylum-seekers, who are not meant to take jobs for six months
and only then with permission. But existing restraints - such as national insurance checks
and minimum wage requirements - are already flouted. Unscrupulous employers will not
ask to see an ID card. One reason why the Government wants ID cards is that ministers
removed embarkation controls at all ports three years ago and it is no longer possible to
establish who has left the country so that their whereabouts can be checked. If there was
a national ID scheme, the police could also be given powers to demand that visitors
produce their passports on demand.
Would an ID card stop terrorism? Countries with compulsory cards or voluntary cards
have not stopped terrorist attacks. These countries also have large numbers of illegal
immigrants. The terrorist is more likely to have the ability to forge cards and, in the case
of suicide attackers, the card will not be a deterrent, even if it makes tracking them easier
for the police. As well as producing no obvious benefits, it could also give people a false
sense of security when vigilance is required.
What information could they contain? Cards could be a basic means of ID, with
photograph, name, address and date of birth. But no Government introducing ID cards
could resist the smartcard micro-chip technology that allows masses of information to be
included - ranging from a person's criminal record to his credit-worthiness and marital
status. It could also be proof of eligibility to public services such as the NHS.
Are they secure? Basic photo-based identity cards would be fairly easy to forge to get
past a cursory check. For more complex cards, biometrics provides a means of ensuring
that the holder of a card is who they say they are. A biometric is a unique measurable
human characteristic that can be used for automatic identification. This can be anything
from a fingerprint to an iris scan. Babies could be scanned for their biometric
characteristics at birth for later use on the ID card. One drawback is that the police would
need to carry scanning equipment around with them to carry out random checks. But this
is being developed.
What are the main objections? The principal objections to ID cards is that they are an
infringement of the citizen's right to remain anonymous if he chooses. They give the state
powers it has only ever had before in wartime. There is no evidence they provide
additional security for citizens. And the benefits are outweighed by privacy and data
protection considerations. An ID scheme would also be hugely expensive. The last
official estimate, in 1996, put the cost of setting up a national registration data base at
600 million and annual running costs at up to 100 million. More recent, though
unofficial, estimates have suggested setting up a scheme could cost 1 billion.
What happens in other countries? About 100 countries have compulsory ID cards,
including Germany, Belgium and Spain. Some, such as Australia, Canada, New Zealand
and Japan, have no ID cards at all. Others, such as France, Italy and Austria, have
voluntary schemes under which it is not compulsory to carry a card at all times.

http://www.telegraph.co.uk/news/uknews/1341522/The-case-for-and-against-
identity-cards.html

Five Reasons against National ID Cards The implications for our privacy and
freedom
Once again, the government is making loud noises about the
supposed need for a National ID card. Here's five reasons why
we should be opposed to the cards, and a statement by John
Wadham, director of Liberty

1. Privacy: who will have access to personal information

about us? The card could hold vast amounts of information
from your address (and where you have lived in the past),
who your family are, your religion and on to your priority for
heath-care, education and public services. It is likely to
contain your fingerprints, scan of your iris or even your DNA
profile. What reassurances are there about how our personal
information is shared? We are particularly concerned about
'function creep'. A national ID card would require a National
Database containing continually updated personal information.
Once created, it will almost certainly expand. Who would seek
access to the information and how can we be sure that
permission wont be granted?

2. Enforcement: what will be the consequences if you fail to

carry, or lose your card? Even if it is not compulsory to carry
the card at all times, if we need the card to access services
surely it will be virtually impossible to live in society without it?
We are concerned that the system will foster discrimination
and prejudice and lead to some sections of society being asked
to prove their identity and their right to access more than
others. The inevitable outcome is that an 'entitlement' card will
be optional for the minority who are wealthy but in effect
compulsory for the majority who make greater use of public
services.

3. Resources: surely there are better ways for this

government to spend hundreds of millions of pounds each
year? Setting up the scheme, including computerised cards,
could easily cost 1bn. Maintenance of the system, probably
including a huge national database, would cost millions more
each year.

4. Functionality: why should we believe that ID cards will

reduce crime, when there is no evidence of this in any EU
countries who have ID Cards? Evidence from other EU
countries highlight the potential dangers in an ID card scheme,
and no benefits in terms of crime reduction. In France there
are concerns over discriminatory practice by the authorities
and in Germany the safeguards protecting privacy have been
eroded. We should heed the warnings of these countries.

5. Privacy: when will this government take steps to protect

individual privacy rather than continually proposing measures
which erode it? The government is apparently determined to
introduce a national identity card - but even ministers don't
seem sure what it is for. First it was to 'combat terrorism' now
it's to 'reduce fraud' neither of which are supported by
convincing evidence that it would have any practical effect. It
would be nave to believe that once in place use of the cards
and database would be restricted to the original stated
purpose. The government's attempted re-branding of national
identity cards as 'entitlement cards' does not detract from very
real concerns over privacy and freedom; but it does imply that
we will be endlessly required to prove we are entitled to
services we already receive.

Statement against ID cards by John Wadham, director

of Liberty, Apr 2002:

"There is no evidence to suggest that introducing national ID

cards will help the fight against terrorism. Sophisticated
terrorist networks would not find it difficult to forge or steal
the cards. Those who carry out terrorist attacks are often
chosen because they are unknown to the police. Identifying
those who carried out the attacks on New York and
Washington before boarding planes would not have rung any
alarm bells.

Preventing future terrorist attacks is a real and complex

challenge. There is a danger that in the current climate in
which people feel genuinely concerned about their safety, the
government could implement a series of measures which will
have no real effect in combating terrorism, but which will
seriously undermine freedom here in the UK.

There is similarly no good evidence that ID cards would help

tackle illegal immigration or domestic crime. There is,
however, ample evidence that compulsory ID cards - and the
police stop and detention powers that must inevitably
accompany them - can do real damage within communities.
Thats particularly the case if, for example, - for example, if
particular groups are seen to be disproportionately targeted
for stops and feel that they are being harassed and
criminalised by the authorities on the basis of their
appearance.

ID cards only help you track people if you know who you are
looking for, if you are certain they cannot possibly be carrying
plausible fake papers, and if you stop them.

That means you have to use the police to stop vast numbers of
people on the street, detain large numbers who arent carrying
a card or who in some way are deemed to arouse suspicion.
This cannot be a sensible way of focussing our already
overstretched police forces time and resources on combating
terrorism, or indeed any other crime.

There are plenty of available means of identification available

in the UK for when citizens need to establish their identity.
What is at stake here is whether it should be a legal obligation
to show your ID card at any time when asked by the police,
even if they have no clear reason to ask you.

If ID cards are introduced as a well-intentioned but misguided

attempt to counter-terrorism, and even if the police do all they
can to use the scheme for this purpose, it could be used for
less benign purposes in the future.

One of the things that make this country such a good place to
live is the tradition of freedom we have. If we curtail and limit
these freedoms for no good reason, that would be a real
victory for those who carried out and supported the terrorist
attacks in the USA on the 11th September".

Reproduced from Liberty UK website

http://www.urban75.org/legal/id.html

Anger as Regina Doherty

says public service cards
now mandatory for
welfare
1
Social Protection Minister Regina Doherty

Niall O'Connor
August 25 2017

THE Opposition and advocacy groups have expressed concern after a

Government minister claimed the new public services card is now mandatory
for those who wish to receive social welfare payments.

Social Protection Minister Regina Doherty was accused of causing confusion

last night after she claimed that the card is mandatory but not compulsory.

She was speaking after a report emerged of a welfare recipient being turned
down for public services because they did not hold the card in their
possession.

"Lets be very clear. Nobody is required by law to have a card. So therefore it

isnt compulsory, Ms Doherty told Newstalk.

But for my department its mandatory and I know people might say Im
splitting hairs but actually because of the high value of the public services that
the department (provides), we give out over 20 billion every year and
actually it wasnt brought in by this government, the legislation was brought in
in 2005 so 12 years ago this has been in the process, she added.

In one case highlighted in the media, a pensioner is reported to be owed

thousands of euro but has refused to register for the card.

Age Action Ireland yesterday expressed concern about the Governments

approach.
Earlier this week it was revealed a woman in her 70s had her pension cut off
because she does not have a Public Services Card, said the organisations
head of advocacy and communications Justin Moran.

We would be very concerned if this new requirement for the card leads to
more older people losing their entitlements and we would urge the
department to ensure no one is penalised because they do not have a Public
Services Card.

Fianna Fil last night accused the Government of trying to introduce a

mandatory card through the back door.

The partys Social Protection Minister spokesperson Willie ODea said it is the
view of the majority of the public and members of the Oireachtas that forcing
people to avail of a card is the wrong approach.

There is no difference between compulsory and mandatory," Mr ODea

said, referring to Ms Dohertys remarks.

They shouldnt be trying to introduce this through the back. They ought to
back off, the Limerick TD added.

http://www.independent.ie/irish-news/politics/anger-as-regina-doherty-says-
public-service-cards-now-mandatory-for-welfare-36069663.html

Passport seekers will

need public service card
1
Mary McAleese fears ID will be required at the Border
Controversial Public Services Cards (PSCs) are set to be made a requirement
for passport applications here just months before Britain is due to leave the
European Union.

Amid ongoing uncertainty over the future arrangements at the Border with
Northern Ireland, the Government plans to make the cards necessary for all
adult passport applications and renewals as little as three months before
March 2019 when Brexit is scheduled to take place.

Former President Mary McAleese raised fears at the weekend that a passport
or ID may be necessary to cross the Border despite pledges by both the Irish
and British governments to maintain the common travel area.

The Department of Public Expenditure's eGovernment Strategy lists the

fourth quarter of 2018 as when the Department of Foreign Affairs has
committed to adoption of the PSC for passport applications.

Fianna Fil TD Willie O'Dea has said he is "concerned" at the timing due to
fears that a hard Brexit could lead to Border passport checks. He has already
accused the Government of trying to introduce a mandatory card "through the
back door".
That was after Social Protection Minister Regina Doherty said that while the
cards are "not compulsory", they're needed for services provided by her
department.

Mr O'Dea said requiring a PSC for passport applications is further evidence of

its mandatory nature, adding: "Increasingly, there'll be no section of the
population that's not affected."

He said the Government should "back off" on its plans for the card and that
he'll be raising the matter when the Dil returns.

Taoiseach Leo Varadkar responded to Mrs McAleese's concerns, telling RT

he's "very sure" there won't be passport checks at the Border. He said that's
because all sides in Dublin, Belfast, London and Brussels want to continue
passport-free travel over the Border and "there's nobody looking for controls".

http://www.independent.ie/irish-news/politics/passport-seekers-will-need-
public-service-card-36074761.html
does this mean that everyone in the world entitled to apply for an irish passport has to first
get one of those cards ? sounds like a catch-22.
Also, it's NOT just about a card. The card is a mechanism for the underlying biometric ID
database. That's something we should be debating

Public service card use not

mandatory, says Donohoe
Government believes new service will reduce identity theft
and other fraud
Thu, Mar 23, 2017, 22:23
Mark Hilliard
Minister for Public Expenditure Pascal Donohoe: has no plan to make it a
legal requirement for members of the public to embrace the new system.
Photograph: Cyril Byrne
The Government says it has no plans to make the use of
new public service cards mandatory under law, although
in the future many State agencies could insist on them to
provide services.
The cards hold a unique identity for individuals and
provide safe and easy access to public services.
On Thursday, the related MyGovID service was officially
launched, allowing card holders online access to some of
these services. About 170,000 people have already
registered.
To date, 2.5 million public service cards have been
issued in Ireland.
MyGovID, the safe secure online identity system,
facilitates a relatively small number of functions
pension, maternity and welfare payments, free travel
schemes and personal Revenue accounts but the list
continues to grow in line with ambitions plans to digitise
access.
What our citizens dont want to be doing is . . .
providing the same sets of information to multiple
agencies . . . again and again, Minister for Public
Expenditure Pascal Donohoe said at Thursdays launch,
adding enthusiastically that he had himself registered.
Legal requirement
Mr Donohoe said there was no plan to make it a legal
requirement for members of the public to embrace the
new system although it was clear there may be little
option in certain future cases.
Minister for Social Protection Leo Varadkar likened it to
people having mandatory PPS numbers and said future
first-time passport applicants would be required to have
a public service card.
Tim Duggan, assistant secretary at the Department of
Social Protection, said individual public services may
require participation over time.
Because they may want the identity level to be
authenticated to that [high] level and consequently that
is a matter for each individual service body, he said.
The Government believes there are other advantages to
the system, including a reduction in identity theft and
other fraud.

Mr Varadkar identified numerous application

possibilities including, drivers licence applications,
healthcare and voter registration processes.
Officials were quick to underline the privacy regulations
regarding any personal information held by the service.
Although they did not elaborate on what specific
personal data might be held, they said it would only be
that approved by account holders.
And all the data-sharing arrangements that will take
place between Government agencies will of course be
overseen by the Office of the Data Protection
Commissioner, Mr Donohoe said.
EU general data protection regulations (GDPR) come
into effect in May and will affect how the system is
managed.
Consultation
Barry Lowry, Government chief information officer, said
that while current legislation already covered much of
the schemes ambitions, further laws are under
development in consultation with the office of the
Attorney General which should be passed this year.
We have taken advice and we feel very confident that it
aligns Ireland extremely well with not only what the
GDPR says but also the principles behind the GDPR in
that to allow members of the public to basically see the
data that we hold about them and to be able to change
that data, he said.
In a statement on Thursday, the Office of the Data
Protection Commissioner said it was critical that all
data protection requirements were complied with.
In particular, full transparency with the public on how
their data is being used, and the safeguards that have
been put in place to protect personal data, it said.
The Department of Public Expenditure said the role of
MyGovID was to ensure the accurate and verified
identification of citizens online and did not introduce
any sharing of data between public service bodies not
already legislated for.
Our current legislation is very prescriptive about how
departments can share data and there is often specific
legislation for particular elements of sharing, for
example between Revenue and the Department for
Social Protection, it said.
Departments will not be allowed to share data that is
not required in the delivery of their services.
https://www.irishtimes.com/business/technology/public-service-card-use-not-
mandatory-says-donohoe-1.3022649
New public service card mandatory if public want to
'claim money from government'
Friday, August 25, 2017
The Social Protection Minister has said the new public services card is
not compulsory but it is mandatory if you want to claim money from the
government.

There has been some confusion over whether you need the card after a
woman in her 70s was refused her pension because she did not want to
sign up for one.

At the moment, it is not required by law but government departments

can ask that you produce it in order to avail of their services.

Minister Regina Doherty has explained why her department requires

claimants to have the card.

"Because of the high value of the public service and department for
social protection, we give out over 20,000,000,000 every year," she
said.
"We believe and it actually wasn't brought in by this government, the
legislation was brought in in 2005, we believe it's not too much to ask
people to authenticate who you are so we can give you a fast and
efficient public service to make sure you can get what you're entitled
to."

http://www.irishexaminer.com/breakingnews/ireland/new-public-service-
card-mandatory-if-public-want-to-claim-money-from-government-803347.html
Now the government has declared the "voluntary' Public Service Card, is now compulsory. Stasi
like actions from @FineGael Nothing new then.
Regina Doherty says public
services card now
mandatory for welfare
Minister for Social Protection says other Government
departments will make card compulsory
Fri, Aug 25, 2017, 08:33 Updated: Fri, Aug 25, 2017, 12:46
Elaine Edwards, Vivienne Clarke

Minister for Social Protection Regina Doherty says public services card is now
mandatory to access payments from her department.
An advocacy group for older people has expressed
concern at comments by Minister for Social Protection
Regina Doherty that a public services card is now
mandatory to receive payments from the Department of
Social Protection.
Ms Doherty was speaking on Friday following criticism
of a policy requiring people to register for the card, after
a woman in her 70s had her State pension cut off by the
department.
Speaking on Newstalk Breakfast, the minister said it was
a requirement that people validate their identity in order
to receive a service from the State.
Justin Moran, head of advocacy and communications at
Age Action said: In January the Department told us that
one in four people with a travel pass did not have a
public services card.
Even if this figure has improved it still means tens of
thousands of older people do not have a card, he added.
Earlier this week it was revealed a woman in her 70s
had her pension cut off because she does not have a
public services card.
We would be very concerned if this new requirement for
the card leads to more older people losing their
entitlements and we would urge the department to
ensure no one is penalised because they do not have a
public services card.
Ms Doherty said on Friday morning that the card was
now mandatory to access services from the Department
of Social Protection and that other Government
departments would also make it mandatory.
Privacy law experts write to Minister for Justice over public
services cards
Pressure mounts on Government over public services card
Public services card: Beware mission creep
Lets be very clear. Nobody is required by law to have a
card. So therefore it isnt compulsory, Ms Doherty said.
But for my department its mandatory and I know
people might say Im splitting hairs but actually because
of the high value of the public services that the
department (gives out) - we give out over 20 billion
every year - we believe and actually it wasnt brought
in by this government, the legislation was brought in in
2005 so 12 years ago this has been in the process, she
said.

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We believe that its not too much to ask people to

authenticate who you are so that we can give you a fast
and efficient public service to make sure you get what
youre entitled to. And thats all the SAFE (card
registration) process is.
So therefore, youre not obliged to have a card. Nobody
will drag you kicking and screaming to have a card.
But Ms Doherty said if people wanted to access public
services, it was mandatory to access public services
originally now from the Department of Social
Protection.
But I understand there are other departments that are
going to make it mandatory to access their public
services.
But genuinely and the government of the day in 2005
and I still agree with this legislation didnt think it was
too much to ask people to identify or verify their identity
so that we can give them a better and more efficient
public service.
The Irish Council for Civil Liberties on Friday called on
Minister for Finance Paschal Donohoe to clarify the
situation with the cards.
Liam Herrick, executive director of the independent
human rights watchdog, said there was ambiguity about
the card and it was not clear if other forms of
identification were now acceptable for accessing State
services.
The card scheme came in for renewed criticism this week
after The Irish Times reported that a woman in her 70s
had her State pension cut off because she refused to
register for a card.
She has not been paid her pension for 18 months
because she refused to go through the registration and
identity-verification process as requested by the
Department of Social Protection. As a result she is owed
about 13,000.
The woman said she felt bullied following several
letters from the department inviting her to register. No
one had been able to demonstrate that the card was
mandatory, she added.
The card was introduced to replace the old social welfare
card and some other cards used for State services and
about 2.75 million have been issued to date.
The Department of Social Protection has a target of 3
million cards to reach by the end of this year.
Government Ministers launched a campaign earlier in
the year to encourage all people to register for the card,
which is underpinned by a facial recognition database.
It emerged in May that the card is to be made a
requirement for all passport and driving licence
applications shortly, including renewals. It was made a
requirement from last June for those sitting the driver
theory test.
https://www.irishtimes.com/news/social-affairs/regina-doherty-says-public-
services-card-now-mandatory-for-welfare-1.3198024#.WZ_V3jBzfv8.twitter

Public services cards: the

case for and against
Government argues they facilitate efficient delivery of
services, but not everyone is convinced
Wed, Aug 23, 2017, 01:00
Public services card
The project to develop the public services card was first
identified by the then government in 2004 as an
important component for modernising the delivery of
public services.
'I don't see my child as a
beggar': Mother questions why
son with Down Syndrome has
to get a PSC
Dublin woman Carol Brady says the decision on whether or not to get a
card is not one her son should have been expected to make.
August 25th , 17

The Public Services Card

THE MOTHER OF a man with Down Syndrome has said
that the government asking him to register for a Public
Services Card (PSC) is a situation he should not have been
put in.
Dublin woman Carol Bradys 29-year-old son was recently
issued a letter by the Department of Social Protection
requesting his presence at an appointment to register him
for the card.
The PSC has been in existence since 2012, and was hitherto
primarily used for access to welfare services. In the past
year, however, the government has advanced plans to make
the card compulsory for many public service functions,
including applying for both a driving licence and passport.
Critics of the plan have described it as the introduction of a
national identity card by stealth, while the seemingly
shaky legal basis for the card has been called into question
by privacy experts like solicitor Simon McGarr of online data
activists Digital Rights Ireland (DRI).
For Carols son, the PSC would take the place of his current
travel pass, amongst other things.
Really, we feel we dont have a choice, Carol
tells TheJournal.ie.
My son has been on disability for years, he attends a day
centre and relies on his disability payment he has to pay
for everything at the centre.
The letter (sent in early August) was addressed to him, but
he wouldnt have the mental capacity to read or understand
it. Its me who has to make the decision.
Earlier this week, the Irish Times reported that an elderly
Irish woman had seen her pension denied to her because she
refused to sign up for a PSC. Meanwhile, Minister for Public
Expenditure Paschal Donohoe has insisted that the card is
not mandatory.
Its not my son doing this, its me, says Carol. Theyre
looking for a passport and a utility bill theres no way he
would have one of those. He wouldnt even be able to read
the letter. He has limited skills and an intellectual
disability.
The letter issued to Carol's son by the Department of Social Protection
Click here to view a larger image
They want his phone number but I wont give it to them.
Simple as. Because if they start phoning him he wont
understand.
I hate the thought of having to do this as he wont
understand. And personally I dont agree with it at all
because it just amounts to an ID card.
Carol bemoans both the fact that the new card will bear her
sons PPS number, and the way it will supersede his current
travel pass.

Travel pass
Hell need this card with him every time he wants to travel.
My concern would be that he has lost his pass numerous
times. And this thing will have his PPS number on it. What if
he loses it? It will take away his independence, she says.
But we have to go and do this because if we dont theyll cut
off his payments. Ill be very interested to see how theyre
going to deal with him. Between this and the pensioner who
had her payments cut, its a form of bullying.
It just doesnt feel very nice, it makes you feel like some kind
of beggar. Well I dont see either myself or my child as
beggars.
Read More: Pretty soon youre
going to need this card to do a whole
load of important things in Ireland
but why?
Im making this decision reluctantly. Its not a decision I
agree with or am in favour of. Like where is this information
going? How will my sons data be used, or abused? Carol
adds. They say its not compulsory, well I intend to ask
them how it isnt.
In response to a request for comment on the matter, a
spokesperson for the Department of Social Protection said it
is unable to comment on individual cases.
The Department has been writing to its customers advising
them of the need to get the new free travel card, describing
the registration process, inquiring firstly as to their ability
to attend the face-to-face PSC registrations process, and
asking if they have special requirements, they continued.
Customers are being asked to contact the Department in this
regard in the first instance to advise of their particular
circumstances so that the Department can make the
necessary accommodations required to help customers
undertake the process.
Personally I think its an identity card, but snuck in through
the back door, says Carol.
There was never really any Dil discussion on it, and theyre
still denying its an ID card, but thats what it is.
The PSC or its free travel variant is not a National ID Card
as it doesnt bear any of the characteristics of such a card, is
Social Protections response to this contention.
Ratifying the Convention
Carol has another take on her son being required to get a
PSC.
This is an identity card as far as Im concerned, so will it
give my son an actual identity? she asks. Because I feel
hes had no rights or identity of his own since the day he was
born.
A recent article for TheJournal.ie by Tom Clonan, himself
father to a son living with disabilities, called on the
government to ratify the UN Convention on the Rights of
People with Disabilities. At present, Ireland is the only EU
member to have failed to do so.
I fully support Tom Clonan on this. The fact is our children
have no rights. Im an older parent. Im thinking: who will
look after my son when Im gone? Who will make these
decisions for him then?
This brings up more concerns than just an identity card it
raises the matter of identity. Will it give my son the rights
hes entitled to? she adds.
Carol believes that Ireland hasnt ratified the Convention
because if they do it means they have to deliver on it.
If you speak to anyone with a child with disabilities in this
country, youd see that their rights are their chief concern,
she says.
In this country we rely on charity and goodwill for the good
of our children. But if my child has an identity card, will he
now have rights?
http://www.thejournal.ie/disabilities-public-services-card-carol-brady-
3561359-Aug2017/?utm_source=twitter_self
why they are forcing everybody including children to have the public service card?
Mother awarded 10,000 in
carers allowance arrears
Government had stopped paying woman for her sons
care after desk-based case review
Fri, Aug 25, 2017, 01:00
Fiona Gartland

A mother looking after her teenage son, who had mental-health issues, has
been awarded more than 10,000 in arrears for carers allowance. File
photograph: Getty Images
A mother looking after her teenage son, who had mental
health issues, was awarded more than 10,000 in
arrears for carers allowance after challenging a decision
made to stop paying it.
The Department of Social Protection had stopped the
allowance to the woman in June 2016 on the basis she
did not qualify for it because her son no longer needed
full-time care and attention. The decision was made
following a desk-based medical assessors report, written
without visiting the womans home to assess her sons
needs.
It was challenged with the help of the Community Law
and Mediation centre in Coolock, north Dublin, whose
work includes providing free legal advice and
representation.
The teenager had complex problems including mental
health, learning and behavioural difficulties. He had
been diagnosed with depression and was threatening
self-harm, which required continual supervision by his
mother.
Medical evidence provided by the woman showed her
sons ability to care for himself was extremely low and he
would require ongoing support in life. His school was
also struggling to cope with his difficulties.
Community Law and Mediation assisted the woman in
her appeal and an oral hearing was held in the case. Her
solicitor argued the report from the Department of
Social Protections medical assessor was of limited
evidential value because it was a desk-based assessment
only. It was also flawed because it did not take account
of the mental health difficulties of the teenager.
In his decision, recently issued, the appeals officer said
he had considered the medical and oral hearing evidence
and concluded the boys care needs met the
requirements set out in legislation.
Elderly mother with dementia left as daughters carer
Id prefer if Fiona went before me then I wouldnt be
leaving her behind when I die
Minding my disabled daughter: 'I don't want to do this any
more'
He allowed the appeal, awarding arrears of 10,000 and
reinstating the womans carers allowance, paid on a
half-rate basis.
Physical assessment
Rose Wall, chief executive of Community Law and
Mediation, said there should be greater scrutiny of
medical evidence by the Department of Social Protection
before decisions are made to cut a carers allowance.
She said desk-based decisions are often made when
there should be closer examination of the case.
If the medical evidence on paper is strong enough, then
obviously you dont need to meet the client, she said.
But, particularly when people have been in receipt of a
payment for so long, and then to suddenly stop it, you
have to physically assess the situation then.
Ms Wall said the situation is compounded by the fact
there is no State legal aid available to challenge decisions
made by the Department of Social Protection or by local
authorities in relation to housing.
Unless individuals can access Community Law and
Mediation services in Dublin or Limerick, or they can get
help from similar organisations, there is nowhere for
them to turn.
Oral hearing
Ms Wall also said there was a much higher rate of
success within the social welfare appeals system if
appellants looked for an oral hearing rather than a
summary appeal.
Across the country last year, almost 60 per cent of
appeals that were taken against social welfare payment
decisions were successful.
Community Law and Mediation has successfully
appealed other carer allowance decisions as well as
decisions about pensions, disability, mobility, rent,
jobseekers and other allowances.
Jane OSullivan, managing solicitor with the
organisation, said only a small percentage of people who
may be in dire need know they can come to a law centre
for help.
They often accept decisions of local authorities or social
protection and things like that, and they dont see there
is a potential for legal challenge, she said.
https://www.irishtimes.com/news/crime-and-law/mother-awarded-10-000-in-
carer-s-allowance-arrears-1.3197381
Facebooks Hidden Messages
Facebooks hidden messages seem to be the topic of conversation these
days with good reason. We have conversations on Facebook on a very
frequent basis, many of us daily. Most of these conversations are with friends,
colleagues, people that we are connected with as friends on Facebook. But
what about those conversations that come from people looking to connect and
network with us, people we are not currently friends with. Facebook has
taken it upon themselves to filter those messages for us, said, protecting us
from spam. So why are we finding messages that we should have received in
this hidden folder of protection? Many people saying they have thousands of
messages, many that were legitimate message requests, not spam that has
been filtered into this dark Facebooks hidden messages hole. Well done
Facebook.
Unable to turn back the clock, our option at this point is to find our way into
the hidden messages on Facebook and try to reconcile any potential snubbing
that may have happened due to our lack of information on these messages.

To find your Facebook hidden messages:

1. Open up your Facebook Messenger app
2. Tap on the Settings icon
3. Tap on People
4. Tap Message Requests
5. Scroll to the bottom and click See filtered requests
There they are! Just 5-steps deep into your Facebook Messenger. Now,
most of these messages have turned out to be spam, but there are several
that are from people asking questions, old friends, etc.
Hope that this helps you all reconcile any friends that you have upset by your
lack of response to their messages. Let us know what kind of messages you
discover!

Until next time, have fun stormin the castle!

https://www.dottotech.com/facebooks-hidden-messages/

Public Services Card's are required to book the

theory test. Candidates can apply for PSC's
themselves from age 16:
Public Services Card (PSC) ID
Policy
Important Update to the ID Policy for all
Theory Test (including CPC Step 1 & 2)
exams

Candidates aged 16 years and

older can apply
for a Public Services Card
directly on website below.
Candidates aged under 16 years of age
must have a parent or guardian present
during the application process.

For an easy to follow step by step to applying for a Public

Services Card click here
For more information on how to obtain a Public Services
Card, we would encourage you to visit the Department of
Social Protection website.
From June 16th, any person sitting the Driver Theory Test
will be required to present a Public Services Card (PSC)
at the Test Centre as proof of ID.
At the time of booking the test, applicants will be asked to
confirm that they possess a Public Services Card.
In the test centre, the only acceptable form of ID will be
the Public Services Card. The card will be used to verify
name, PPS number and identity of the person attending
for the test.
Applicants will need to ensure that the spelling of the
name in which they book their test matches exactly the
spelling of their name on the card.
Theory Tests can be taken at 41 test centre locations
around the country as part of the RSAs driver testing and
licensing process.

From the 1st June 2017, in order to book a theory test (or
CPC Exam) you will need the 12 digit number from the
rear of the card.

http://www.theorytest.ie/driver-theory-
test/public-services-card-psc-id-policy/

Public Services Card (PSC) ID

Policy
Important Update to the ID Policy for all
Theory Test (including CPC Step 1 & 2)
exams

Candidates aged 16 years and

older can apply
for a Public Services Card
directly on website below.
Candidates aged under 16 years of age
must have a parent or guardian present
during the application process.

For an easy to follow step by step to applying for a Public

Services Card click here

For more information on how to obtain a Public Services

Card, we would encourage you to visit the Department of
Social Protection website.
From June 16th, any person sitting the Driver Theory Test
will be required to present a Public Services Card (PSC)
at the Test Centre as proof of ID.
At the time of booking the test, applicants will be asked to
confirm that they possess a Public Services Card.
In the test centre, the only acceptable form of ID will be
the Public Services Card. The card will be used to verify
name, PPS number and identity of the person attending
for the test.
Applicants will need to ensure that the spelling of the
name in which they book their test matches exactly the
spelling of their name on the card.
Theory Tests can be taken at 41 test centre locations
around the country as part of the RSAs driver testing and
licensing process.

From the 1st June 2017, in order to book a theory test (or
CPC Exam) you will need the 12 digit number from the
rear of the card.
Sample Public Services Card
Sample Public Services Card

http://www.theorytest.ie/blog/
Updated ID Policy

Updated Identification Requirements

Policy
With effect from 30th September 2014, Identification
Requirements will change for those candidates taking the
Category C and Category D Driver Theory Tests, as
detailed below.
Please be advised if you do not bring the required
identity documents with you for testing, you will not
be allowed to sit your test and you will lose your fee.
You must bring one of the following, plus two identical
colour passport-sized photographs that conform to
the required standards :
A current Category C or D Irish Learner Permit
A full current Category C or D Irish Driving Licence, (or
one from an EU/EEA member state or Switzerland)
A full current Category B Irish Driving Licence (or one from
an EU/EEA member state or Switzerland)
http://www.theorytest.ie/updated-dtt-id-reqs-from-april-2013/

Make you wonder if Regina Doherty had to go to her parents to feed her family when business
collapse how she now owns these properties
The real sinister fringe public servants say its a photograph, but it really is a bio-metric scan of
your face.

The Public Services Card- An ID database

and ID card
IN: DATA PROTECTION
August 28, 17

There is an excellent article by Elaine Edwards online (but not in the

paper) regarding a pensioner whose pension payments have been
stopped because she declined to submit to the biometric scanning and
so on involved in being given an Public Services Card.
This card has been, to be charitable, inaccurately referred to as
voluntary by Minister Pascal Donoghue.
However, if you dont agree to submit to the carding process (which
involves a biometric scan of your face, as well as a system to associate
that ID record with your mobile phone) you currently can have any and
all your social welfare payments (pension, free travel, childrens
allowance, maternity benefit, paternity benefit) cut off.
In addition, you cannot get a new driving licence, you cannot get a
replacement passport if it has been lost or stolen, you cannot get your
first passport or be made a citizen.
Thats the list of consequences for not volunteering so far. You can read
the ambitious list of planned uses on the Departments own website.
Ive reproduced it below, for ease of reference. Heres an excellent
piece by Loughlin ONolan and Elaine Edwards on just how voluntary
this system is.
So, what we have here is a national ID card system which has never
been debated by the Oireachtas, isnt based on any primary legislation
and has been introduced (where there is any legal justification for it
cited at all) by wilfully forcing a new interpretation onto old legislation.
The Legal Basis that wasnt there
Id like to just rattle through some of that claimed legal justification,
simply to demonstrate how shaky it is. Anyone who has read my
previous pieces on the Health Identifiers Act 2014 and the Primary
Online Database may notice some familiar themes emerging.
Heres what the Department of Social Welfare cites as the legal basis
for cutting off the pensions of old ladies who refuse to comply with the
demand they get an ID card:
The Social Welfare Consolidation Act 2005, as amended, viz.
Section 247C(1) of the Act provides that the Minister may
require any person receiving a benefit to satisfy the Minister
as to his or her identity;
Section 247C(2) of the Act specifies the consequences of
failure to satisfy the Minister in relation to identity as required,
specifically that a person shall be disqualified from receiving a
benefit;
Section 247C(3) of the Act specifies the manner in which the
Minister may be so satisfied; in effect, this Section describes
the process for registering a persons identity
The first two of those provisions simply say that a person who refuses to
satisfy the Minister as to his or her identity may have their payments
stopped until their identity has been confirmed. This is a completely
reasonable and laudable requirement, necessary to make sure money
is going to the right person.
But here, the Department hasnt said that the lady whose pension
theyve stopped isnt who she says she is. Theyre not denying her
identity at all- they know who she is. An official even visited her at her
house and was shown her marriage cert. The lady has produced her
passport- the document which Ireland expects every other country in
the world to be an acceptable proof of identity at their borders.
Again, they know who she is. Thats not why theyve cut her off. Theyve
stopped her pension because she refuses to comply with the biometric
carding process.
And for that, theyre relying on Section 247C(3) of the Social Welfare
Consolidation Act 2005. The actual provision was only brought in in
2013 in the Social Welfare and Pensions (Miscellaneous Provisions) Act
2013
The problem for the Department is that, though Section 247C(3)
describes a visit to a Social Welfare office, showing some documents
and having your picture taken and giving a copy of your signature as
being the Ministers preferred method of you proving who you are, it
doesnt say that the purpose of doing so is to have your data entered
onto the national Public Services Card register, with all the subsequent
data sharing and processing that involves.
The Act sets out, in a clause not cited by the Department, that this
attendance and these records can only be lawfully used for one
purpose. Section 247C(1):
to satisfy the Minister as to his or her identity
Once thats done, there is no lawful basis for any further use of that
data. No legislative requirement to be placed on an ID register. No basis
for sharing the data collected with other government agencies (as
envisioned by Section 8 of the Health Identifiers Act, for example).
Joan Burton, when she was Minister for Social Protection,
acknowledged that building an ID database was something which
couldnt simply be treated as an administrative act. It has serious and
permanent consequences for the relationship between the citizen and
the state.
The question of the introduction or otherwise of a national
identity card was not part of SAFEs remit. The matter of
establishing a national identity index and producing a national
identity card is a wider issue. It would require due
consideration by the appropriate agencies before any policy
decisions could be formulated by Government and would
require the development and implementation of legislation to
support any such policy. (source)
Now, you can issue a person with an ID card without a legal basis, if
they consent to it. Of course you can. The problem is, in order for that
consent to be valid under EU law, it cant have been compelled. It cant
have been extracted on pain of penury at the loss of your pension, of
the child benefit you rely on or your unemployment benefit.
And a person cant give consent if they havent been clearly told to what
purposes the data they are agreeing to hand over will be put.
Until we have a full and open debate on the merits of a national ID card
(and the identity index database those cards extend from) we cannot
decide if we are happy with the consequences of such a plan or (as
happened in the UK) whether we decide it is a dangerous and illiberal
step.
If the Government wants to legislate for an ID card, let it first propose
the plan and see it through the Oireachtas.
Personal data is legitimately gathered and used by the state on the
basis that it is a safe guardian of citizens fundamental data and privacy
rights. Without trust that the state will do the right thing, the legitimacy of
that collection breaks down.
If the state wont even admit to what it is doing, how does it expect
citizens to trust that it will do the right thing?
Roadmap for mandatory requirements for
the Public Services Card

http://www.mcgarrsolicitors.ie/2017/08/23/public-services-card-id-database-
id-card/
Digital Rights Ireland: Application for a
Trial of Preliminary Issue
CONSTITUTIONAL LAW, DATA PROTECTION

In January 2012, in the case of Digital Rights Ireland Ltd. v The Minister
for Communications & Ors., the High court referred certain questions to
the CJEU (ECJ) under Article 267 TEU.
In the events that happened the ECJ struck down or found invalid
Directive 2006/24/EC in the course of the hearing of the referred
questions.
The High court is now hearing the parties (Digital Rights Ireland Ltd.
and the Minister for Communications & Ors.) in the resumed
proceedings, interrupted by the reference made in 2012.
Interested parties may attend. The hearing is taking place in Court No.
14 on the 2nd floor of the Four Courts in Dublin. It may conclude today.
McGarr Solicitors act for Digital Rights Ireland Ltd.

Public services card:

Libraries and all are going
to start using it
Case studies
Tue, Aug 22, 2017, 20:26
Minister for Public Expenditure and Reform Paschal Donohoe with a giant
public services card. The card aims to assist people accessing government
services. Photograph: Eric Luke
PAULA MORRIN, NURSE: THEY MADE IT
SOUND EXTREMELY URGENT
Paula Morrin, a nurse from Dublin, said she began
receiving letters more than a year ago asking her to
attend an appointment to register for the public services
card. She ignored them. She said she had never claimed
a welfare benefit, had never been unemployed, and did
not see why she needed the card.
Nowhere in any of the letters did they mention it might
affect a benefit.
Ms Morrin said she continued to ignore the letters, then
they started to arrive more frequently.
They made it sound extremely urgent. Next thing my
phone rang from a number I didnt know.
A woman who phoned Ms Morrin on her mobile at work
was calling to tell her she had missed lots of
appointments.
She said the card was for any social welfare benefits she
might claim and that people will need this card for child
benefit. She eventually made an appointment and went
to the local office in Tallaght where her photo was taken.
They make it sound frantic that you need it right
now. But when she went to the office to go through the
registration the place was empty, she said.
She said the person who dealt with her said she may
need the card for future benefits and that libraries and
all are going to start using it.
SHARON BRIGGS: I GOT SICK AND TIRED
OF GETTING LETTERS
Sharon Briggs from Bray, Co Wicklow, started getting
letters from the Department of Social Protection in 2014
inviting her to an appointment to register for a public
services card.
They said my jobseekers payment might be affected [if
I did not get one], she says.
But she did not like the idea of the card and said she
ignored the letters that kept arriving every few months.
I got sick and tired of getting them so I wrote a letter to
them, she adds.
In it, she expressed concern about the card and in
particular the facial recognition software underpinning
it. She got no response but recently got a letter giving her
an appointment for August 16th, which she did not
attend.
Last Monday, Ms Briggs turned up at her local post
office in Bray to collect her weekly payment and was told
it was not there. She subsequently found it had been
transferred to the main post office. I had a feeling about
it, she said.
Ms Briggs said she and her friend asked if they could
verify their identity by bringing passport photographs in
to be scanned into the system but did not receive any
satisfactory answers about how they might verify their
identity other than through registering for the card.
Ms Briggs said she wanted to know what information the
company producing the card was getting and where her
personal information was going.
She said she had promised to put her concern in an
email and that if she did not get answers to her
questions, she would take the matter to the Minister.
https://www.irishtimes.com/news/social-affairs/public-services-card-libraries-
and-all-are-going-to-start-using-it-1.3195053#.WZyHFvSehgo.twitter

The proposed Social Welfare Bill for 2017 acknowledges PSC intent as ID card, removes some
PPSN use protections.

Irish Waters parent company Ervia looked

for 250,000-a-year salary for new chief
executive, 30,000 more than agreed
: JULY 31, 2017
http://www.kenfoxe.com/wp-content/uploads/2017/07/Irish-Water-Salary-
Docs.pdf
Department warns over serious danger of
fraud in annual spending of 340-a-million
on childcare schemes
AUGUST 8, 2017
http://www.kenfoxe.com/wp-content/uploads/2017/08/Childcare-Memo.pdf
Gardai did not have a single staff member
assigned to chase up 2 million in
overpayments in salaries and pensions,
audit report reveals
http://www.kenfoxe.com/wp-content/uploads/2017/07/Garda-Internal-
Audits.pdf
Schengen Visa

Seven countries in Europe signed a treaty in June 1985 to end internal border checkpoints and controls. More countries have
joined the treaty since then. There are currently 25 Schengen countries and all of them are in Europe.
Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland are
all Schengen countries. Norway and Iceland are not members of the European Union. United Kingdom and Ireland are
members of the European Union, but do not belong to the Schengen area.

The Schengen visa allows the holder to a total stay of up to 90 days within a period of 6 months for tourist or business
purposes. If you get a multiple entry Schengen visa, you may leave and return any number of times within the 180-day
period, but the combined stay within the region must not total more than 90 days. You need to apply for a Schengen visa if
you are a citizen of a country whose citizens are subject to the visa requirement. A Schengen visa must be applied in person,
NOT by mail.

Once you get a Schengen visa, you can enter one country and travel freely anywhere within the Schengen territory. Internal
border controls have been abolished and there are no or few stops and checks. Internal air, road and train travel are handled
as domestic trips, just like traveling from one state in the U.S. to another. Traveling within Europe has been simplified with
the Schengen visa as the unified visa system offers many advantages. The Schengen Agreement still allows customs control
as long as there is no passport check, and checks are made randomly, or at real suspicions.

The Schengen visa helps promote a unified Europe and is an important symbol of the European Union. It takes between 2
and 10 working days to get a Schengen visa for short-term stays. Processing time may be

up to several months for long-term residence permits or visas for employment in a Schengen country.

A centralized database, common procedures and criteria for visa issuance and use of the same visa sticker with high-level
built-in security helps optimize the office network of Schengen countries.

The Schengen visa does not guarantee entry into the Schengen countries as the final authorization remains with the
immigration officials at the respective borders such as at the port of entry. The purpose of the visit may not be altered after
entering the Schengen territory.

Other long term visas such as employment visas are subject to the national legislation of the country of destination.

U.S. citizens in possession of a valid U.S. passport do not need a visa for airport transit, tourist or business trips (for stays up
to 90 days). The passport must not expire before the end of the scheduled trip.

Passport and Border Control

You will most likely be asked to show your passport when you visit different Schengen countries, to verify that you are still
within the visa period. In addition to the passport containing the Schengen visa, you should also bring original letters,
sponsorship papers and other documents used to get the visa to make the border control procedure easier and avoid delays
at the border. You should not be the person for whom an alert has been issued for the purpose of refusing entry.

The nationals of the European Economic Area (EEA) must present a valid identity card or a valid or expired passport less than
5 years old. EEA consists of 25 Members of the European Union (Austria, Belgium, Cyprus, Czech Republic, Denmark,
Germany, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands,
Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom) and Iceland, Liechtenstein, and Norway.

When a non-EEA traveler enters or transits into the Schengen area, a travel document (usually passport) will be stamped
determining the starting point of the authorized stay. The same travel document is also stamped upon exiting the Schengen
area. If the travel document of a third-country national does not have an entry stamp, authorities can presume that the
holder does not fulfill or no longer fulfills the conditions of the duration of stay. However, if you can provide a credible
evidence of your presence outside the territory of the Schengen countries, such presumption may be rebutted.

Visa types

An airport transit visa (A) allows you to transit through the international zone of a Schengen airport without

https://www.immihelp.com/visas/schengenvisa/

European Commission welcomes the

Council adoption of visa liberalisation
for the citizens of Ukraine
Brussels, 11 May 2017

Following the adoption by the Council of the Commission proposal for visa liberalisation for Ukraine,
Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos made the
following statement:
One year ago, I was in Kiev to personally congratulate the Ukrainian government for the tremendous
efforts they have made to implement the reforms set out under the visa liberalisation process. Today, I
am pleased to see that we are reaching the end of the process and I welcome the Council's adoption of
visa liberalisation for Ukraine a final step towards visa-free travel to the Schengen area for
Ukrainian citizens.

Today's decision is an acknowledgment of the successful and far-reaching reforms carried out by
Ukraine, often in very challenging circumstances. From the very beginning, the Ukrainian authorities
have demonstrated their full commitment to address the fight against corruption as a matter of priority
and have carried out important reforms in the fields of border management and anti-discrimination.
Ukraine has come a long way and today this is recognised and rewarded. Now it is important to
sustain this progress. The European Union stands ready to continue providing support and assistance
to the Ukrainian authorities in this endeavour.

Visa-free travel will bring important benefits for citizens on both sides. It will reinforce social, cultural
and economic ties between the EU and Ukraine as well as strengthen people-to-people contacts.

Visa-free travel to the Schengen area will soon become a reality it is an important and well-deserved
moment for Ukraine and its citizens that will make our already close relations even stronger."

Next Steps

The visa-free regime will enter into force 20 days after publication in the Official Journal of the
amendment to Regulation 539/2001. Once in force, Ukrainian citizens with biometric passports will no
longer require visas when travelling for short stays of up to 90 days to all EU Member States except for
Ireland and the UK, as well as the four Schengen associated countries.

Background

On 29 October 2008, the Commission launched a dialogue on visa liberalisation with Ukraine with the
aim of examining all the relevant conditions necessary for EU visa-free travel. On 18 December 2015,
the Commission adopted its sixth and final progress report on the implementation by Ukraine of its
Visa Liberalisation Action Plan (VLAP). In the Report the Commission concluded that Ukraine had
implemented all the measures identified in the third progress report and that all the benchmarks of the
VLAP had been met.

Following the positive assessment of the progress report and taking into account overall EU-Ukrainian
relations, the Commission presented on 20 April 2016 a legislative proposal to lift visa requirements
for Ukrainian citizens holding a biometric passport, by amending the Regulation on Visa requirements
for nationals of Non-EU Member Countries. While it allows Ukrainian nationals who hold biometric
passports to travel without a visa to the Schengen area for short stays up to 90 days, it should be clear
that visa liberalisation does not give a right to work or reside in the EU.

President Juncker has been working closely with the Ukrainian government throughout the process to
ensure that the necessary reforms were implemented and the legislative process in the Council and the
Parliament progressed as swiftly as possible. On 28 February 2017, the European Parliament and the
Council reached an agreement on the Commission's proposal, which was then approved in the Plenary
on 6 April and the Council today.

For More Information

Press Release: Ukraine's Sixth Progress Report on the implementation of the action plan on visa
liberalisation

Press Release: European Commission proposes to lift visa obligations for citizens of Ukraine

http://europa.eu/rapid/press-release_STATEMENT-17-1270_en.htm
Commission Progress Report: Ukraine
meets criteria for visa liberalisation
Brussels, 18 December 2015

Commission Progress Report: Ukraine meets criteria for visa liberalisation

The Commission adopted today the sixth and last progress report on the implementation by Ukraine of
its Visa Liberalisation Action Plan (VLAP). The progress report highlights the significant headway
made by Ukraine to meet the criteria for visa liberalisation.

Following the positive assessment of the progress report and taking into account the overall EU-
Ukraine relations, the Commission will present in early 2016 a legislative proposal to the Council and
the European Parliament to lift visa requirements for Ukrainian citizens holding a biometric passport -
amending Regulation (EC) No 539/2001.

Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos welcomed the
enormous progress made by Ukraine: "I am very pleased that Ukrainian citizens with a biometric
passport will soon be able to travel to the Schengen area for short stays without a visa. I congratulate
the Ukrainian leadership on the progress made towards completing the reform process which will
bring important benefits to the citizens of Ukraine in the future. The hard work towards achieving this
significant goal has paid off. Now it is important to keep upholding all the standards. "

The progress achieved by Ukraine in the implementation of the second phase benchmarks has been
noteworthy, in particular given the exceptional circumstances and the internal and external challenges
the country faces. Based on the Commission's assessment, the commitments taken by the Ukrainian
leadership, and the outcome of the continuous monitoring and reporting carried out since the launch of
EU-Ukraine Visa Liberalisation Dialogue in October 2008, the Commission considers that Ukraine
meets all the benchmarks set in respect of the four blocks of the second phase of the Visa Liberalisation
Action Plan.

The visa-free travel will apply to all EU Member States, except for Ireland and UK, as well as the four
Schengen associated countries (Iceland, Liechtenstein, Norway and Switzerland). The exemption from
visa requirement concerns only short-stays, up to 90 days in any 180-day period for business, touristic
or family purposes.

The EU-Ukraine Visa Dialogue has been an important and effective tool for advancing far-reaching
and difficult reforms in the Justice and Home Affairs area and beyond, impacting on areas such as the
rule of law and justice reform. The progress achieved by Ukraine in all areas covered by the four
blocks of the VLAP has been steady and effective. It demonstrates the commitment and constant
efforts of the Ukrainian Government and all state institutions that have made the fulfilment of the
VLAP benchmarks a top national priority.

Background

The enhanced mobility of citizens in a secure and well-managed environment is one of the core
objectives of the Eastern Partnership. To this end, the EU carries out Visa Liberalisation Dialogues
with interested partner countries.

The main tool of the dialogue is the Visa Liberalisation Action Plan which is tailor-made for each
partner country and structured around four blocks concerning i) document security, including
biometrics; ii) integrated border management, migration management, asylum; iii) public order and
security; and iv) external relations and fundamental rights. These benchmarks were set with a view to
adopting a legislative, policy and institutional framework (phase 1) and ensuring its effective and
sustainable implementation (phase 2).
The EU-Ukraine Visa Liberalisation Dialogue was launched on October 2008 and the VLAP was
presented to the Ukrainian authorities on November 2010.

In September 2011, the Commission adopted its first progress report on Ukraine's implementation of
the VLAP and made several recommendations for completing the first (legislative and planning) phase.
The Commission published its second progress report on 9 February 2012, and the third on 15
November 2013. Following the Commission's fourth report on 27 May 2014 and its endorsement by
the Council on 23 June 2014, Ukraine was officially in the second phase of the action plan where an
assessment was made regarding sustainable implementation of the legislative and policy framework.

The Commission adopted the fifth progress report on Ukraines implementation of the VLAP on 8 May
2015. Today's report is the sixth and last progress report.

For More Information

Sixth progress report on Ukraine's implementation of the action plan on visa liberalisation

http://europa.eu/rapid/press-release_IP-15-6367_en.htm

Pressure mounts on
Government over public
services card
Civil liberties groups urge debate on identity card issue
and possible future uses
Sat, Aug 26, 2017, 01:42
Elaine Edwards
Regina Doherty: Nobody is required by law to have a card. So, therefore, it
isnt compulsory. But for my department its mandatory
Pressure increased on the Government on Friday over the
roll-out of the public services card after Minister for Social
Protection Regina Doherty confirmed it was mandatory
for anyone claiming a welfare benefit to have one.
There is only one way to make secure biometric identity - NEVER collect non-revocable
biometric data
regulation of biometric data processing operations in mainly the private sector.
The author formulates seven general principles, based on the previous analysis,
and makes detailed recommendations structured in nine domains for both the
national and international legislator. One of the principles to be embedded in
legislation is no hidden or secret collection of biometric data, while another is
the availability of an alternative system if the biometric data processing relies on
consent. The recommendations include distinct use by the private and public
sector and enhanced rights for the data subjects.
You'll soon need a public
services card to renew your
passport
Concerns have been raised about the card, with some critics
maintaining it equates to an identity card by stealth.
August 28, 17
FOREIGN AFFAIRS MINISTER Simon Coveney has
confirmed that by the end of next year, anyone applying to
renew their passport will need to present a copy of their
public services card.
The card is already required when applying for a passport in
certain circumstances. However, Coveney said this morning
that it will be needed in all cases from late next year.
The ID card has been under the spotlight recently after a
number of stories of people losing out on public services
because they do not have one.
The Irish Council of Civil Liberties has expressed concern
about the use of the cards and some legal experts in the area
have stated that it equates to an identity card by stealth.
Explainer: Pretty soon youre going to
need this card to do a whole load of important
things in Ireland but why?
There is no legal requirement for Irish citizens to hold the
card, but in order to access welfare benefits, the Department
of Social Protection requires applicants to have one.
On Friday, Minister for Social Protection Regina Doherty
said the card was not compulsory but was mandatory for
her department.
We believe that its not too much to ask people to
authenticate who you are, so that we can give you fast and
efficient public service, Doherty told Newstalk Breakfast.

Speaking to TheJournal.ie on Friday, Road Safety Authority

chief Moyagh Murdock said it was now government policy
that the organisation use the public services card. Currently,
it is required for anyone applying for the driver theory test,
but this is expected to be extended to the full driving licence.
Asked on Morning Ireland today if the card would be needed
when applying for passports, Coveney said:
Thats not the case today but we hope to move to that in
future.
The whole point in having a public services card is that there
is a single point of information so that people can access
public services whether thats a drivers licence whether its a
passport.
It would take some time for the Passport Office bring in
that requirement, he said, adding that he expects it to be
introduced in around 12 months.
Following changes brought in in March of this year, all first-
time passport applicants who are resident in the State need
to supply a photo of their public services card.
The rule also applies to anyone whose adult passport was
issued before 2005 and has since been reported lost, stolen
or damaged.
The Green Party last week accused the government of
bringing in mandatory identity cards for Irish citizens,
while Fianna Fil has called for a debate on the issue to take
place in both the Dil and the Seanad.
The public services card was introduced in 2012 as a means
of having one form of identification for citizens when
dealing with the various public bodies of the State. They can
be obtained for free via the Department of Social Protection.
FOREIGN AFFAIRS MINISTER Simon Coveney has confirmed that by the end of next
year, anyone applying to renew their passport will need to present a copy of their public
services card.
The card is already required when applying for a passport in certain circumstances.
However, Coveney said this morning that it will be needed in all cases from late next year.
The ID card has been under the spotlight recently after a number of stories of people losing
out on public services because they do not have one.
The Irish Council of Civil Liberties has expressed concern about the use of the cards and some legal
experts in the area have stated that it equates to an identity card by stealth.
As was written elsewhere, the circular (il)logic of this argument/removal of rights is glaringly obvious: to 'get' a PSC
you need a passport or other form of identification to prove who you are, so why is your passport or other form of
identification no longer adequate to prove who you are? To 'confirm your identity?'... If a passport (for instance) is
good enough, for the government, to prove to the government that you are Jane Doe, so that they can then issue you
with a PSC, when does that passport become no longer adequate, no longer enough, for the government, to prove to
the government that you are Jane Doe? hhhmmmmm...

http://www.thejournal.ie/public-services-card-passports-3568044-Aug2017/
Talk about deviousness. This article and the "Department
Spokesperson"'s reaction to people's rightful suspicion of these
National ID cards are simply despicable Stasi-style tactics.
While the Department can not be certain of the various reasons
individuals choose to no longer engage with us (emigration, change
of status etc), it is not unreasonable to suggest that in some cases this
represents individuals engaged in identity fraud who did not wish to
be uncovered."
It's incredibly unreasonable to make such a determination based on
zero evidence!. WTF?!
You are not complying by force so therefore you must be doing
something wrong and we will assume you are committing fraud.

Pretty soon you're going to

need this card to do a whole
load of important things in
Ireland - but why?
Applying for a passport and a drivers licence will soon require the
Public Services Card but thats only the beginning.
Jul 15th 2017
File photo: an example of Ireland's Public Services Card
IN LATE MAY, the Department of Public Expenditure and
Reform confirmed that, from 17 June and September
respectively, a Public Services Card (PSC) will be required
for Irish citizens to apply for a driver theory test or passport.
That confirmation on 22 May came two days after the
launch of Leo Varadkars Fine Gael leadership campaign, a
campaign which saw Public Expenditure Minister Paschal
Donohoe rubber-stamped as one of the now-Taoiseachs
closest allies in Government. It also led to accusations that
the State was attempting to introduce what is in effect a
national identity card by stealth.
For many, the announcement would be the first they had
even heard of the PSC. For others, who had been a recipient
of a welfare benefit at any time since its introduction in
2012, the card would be relatively familiar all such
payments at the Department of Social Protection have been
processed using the card since that time.
But passports and driving licences (applications for a licence
are set to require a PSC from early next year) are just the tip
of the iceberg. The Governments plan is to introduce the
card for a whole host of services as part of a grander
strategy. Donohoe, meanwhile, insists that despite the cards
rollout nearly across the board it will be in no way
mandatory to carry one.
But some people in Ireland remain unconvinced the cards
pending universality is even legal.
What is in store for the Irish public?
The reasons for the States urgency in wishing to expand
usage of the card appears to stem from two things a
government decision four years ago to expand the Public
Services Card as a means to access all appropriate public
services by 2016, and the pre-purchase of three million such
cards by Social Protection.

Follow

JenMurnaneOConnor @JenMurnaneOConn
Public Services Card (PSC) ID Policy - TheoryTest.ie -
The official RSA Driver Theory Test
http://
fb.me/3iIJnPizy

7:28 PM - Jun 14, 2017

Public Services Card (PSC) ID Policy - TheoryTest.ie - The
official RSA Driver Theory Test
From June 16th, any person sitting the Driver Theory Test will be
required to present a Public Services Card (PSC) at the Test
Centre as proof of ID.
theorytest.ie
Replies 2 2 Retweets 1 1 like
Twitter Ads info and privacy
Source: JenMurnaneOConnor/Twitter

Follow

Malaria Trump @ConorMurray_18

What on earth is a public services card and why do I need
one to do my theory test
6:42 PM - Jun 13, 2017
3 3 Replies 2 2 Retweets 2 2 likes
Twitter Ads info and privacy
Source: Malaria Trump/Twitter

As of 11 May 2017, just under 2.6 million such cards had

been issued to citizens. We should not miss out on
relatively straightforward means to push towards that (three
million) figure, an OGCIO (Office of the Government Chief
Information Officer, the main data service of the
Government, and a subsidiary of Public Expenditure and
Reform) email from November 2016 states.
Should the three million figure not be reached by end 2017,
the cost of the unused cards becomes payable in full.
It may well be the case that between the driving licence and
passport initiatives, the Department of Social Protection
(the department which issues the cards) will meet that
target.
The reasoning behind moving to one-card-for-all-services
has its roots in modern-day best-data-practice (that is, as a
safeguard against identity theft) an integration of all
departments and services under one umbrella. Naturally,
however, possessing such a card means having your
personal data on the books of multiple government
departments.
Big Brother, by accident or design, but Big Brother
nonetheless.
As of late last year, various government departments were
surveyed as to how applicable the use of the PSC might be
concerning their services.
Passport and drivers licence applications have already been
announced, as previously mentioned, but other identified
targets according to documents released to TheJournal.ie
include:
The Revenue Commissioners, with the PSC
potentially used to access online tax services
Education SUSI online college grants (from
April 2018), school transport services, Solas course
referrals, online teacher services
Transport Motor tax, change of car ownership
Agriculture access to agfood.ie
Department of Justice the national age card
Health Plans to authenticate patients identities
via a patient portal and the PSC by 2018
Prison services visitors to be required to carry
PSC as ID currently on trial at Midlands Prison
Portlaoise
Such changes may take time, but the fact remains that the
use of a Public Services Card to access multiple, crucial State
services is very close to being a reality. Which somewhat
gives the lie to the idea that possessing one will not be
compulsory.
Or, whats a public services card and why do I need one?
as an acquaintance who recently went to renew her drivers
licence told TheJournal.ie.
Cross-department cooperation
The various departments and state bodies involved in the
project to make various state services available only with a
Public Services Card have not always seen eye-to-eye,
meanwhile.
However, such differences tend to be the result of conflicts
arising over how best to implement the changes needed to
roll out the card, according to documents released to
TheJournal.ie under Freedom of Information by the
Department of Public Expenditure.

Those kinds of conflict are perhaps understandable given

the large-scale nature of a project involving so many
disparate people and agencies.
No issue seems to exist for the various departments
regarding the statutory nature, or legal standing, however of
the card itself.
The main issues seen have been between the Departments of
Foreign Affairs (DFA) and Public Expenditure and Reform,
and relate to when the announcement regarding the need for
a PSC in order to book a driving test or renew a passport
should be made, with residual concerns over our previous
experiences with DFA expressed by one Social Protection
employee.
Foreign Affairs chief concern regarding the card was the
possibility that requiring it would create an enormous
backlog in passport-applications (an eventuality that has
already come to pass via Brexit), with the situation further
complicated by that Departments announcement of a new
online-renewal system for passports in March of this year.
The released documents show that, rather than late May as
eventually transpired, Donohoe was initially slated to make
his announcement regarding the PSC expansion on 20
March.
Whispers from Foreign Affairs meanwhile suggest that the
leaking of the plans for the Public Services Card in May was
Donohoe doing a solo run.
Legal basis
Strife between civil service factions aside, when queried by a
journalist in early May as to the legal standing of the
Government requesting that applicants for the driver theory
test have a Public Services Card, Public Expenditures
response was that the issue is a State requirement.
You might note that the use of the Public Service Card for
access to public services is a Government Decision, one
Department civil servant said by email to a Road Safety
Authority (RSA) employee who had queried as to how best
to answer the media request.
 The (card) is seen as an important step in increasing the
protection of personal data and data subject rights.
The State requirement in question pertains to the creation of
MyGovId, an online identity to match a citizens real world
identity based upon the Public Services Card (at present
MyGovId, which was launched in late March, is only
applicable online to Welfare services).
But the legality of the blanket-requirement for a the card is
categorically disputed by online data activists Digital Rights
Ireland (DRI).
Our position would be that the Public Services Card has
been introduced as an identity card by stealth, and that it
isnt allowed by law, says chair of DRI, law lecturer TJ
McIntyre.
The Government signed a contract to manufacture these ID
cards, and now its engaged in a mad push to meet the terms
of an ill-advised contract.
So the public is having as many of these cards as can be
mustered foisted upon them. And thats irrespective of the
fact that the population doesnt want them.
McIntyre and director of Data Compliance Europe Simon
McGarr recently appeared before the Oireachtas Justice
Committee to discuss the nature of the Governments draft
2017 Data Protection Bill.
In front of that committee, McGarr posited that the Public
Services Card does have a great deal of the appearance of a
national ID card scheme in its scope.
Much of his testimony stemmed from the 2015 Bara
judgement of the EU Court of Justice, which ruled that the
Romanian government had acted illegally with respect to
one of its citizens personal data by moving it between state
bodies (Romanias equivalent of Social Protection and the
Revenue Commissioners in that case) without first asking
permission.
The State has taken many concrete steps in recent years to
build not merely an ID database of which the Public Services
Card is the physical manifestation but also a series of
national databases intending to capture not merely all
citizens data but also data on people travelling through the
State, McGarr said.
On each occasion that these steps have been taken,
provision has been made to take the data which has been
collected from individuals by other agencies for other
purposes and apply it to this new purpose, this data-sharing
between bodies.
It seems to me that there has still been executive
reluctance to absorb fully the lessons of what European law
states on the limits of state data-sharing, he added.
In reaction, Independent TD Clare Daly summarised
McGarrs statements as suggesting that Ireland is on a
collision course and out of kilter with Europe on some of
these (data protection) issues.
McGarr acknowledged that was indeed his opinion.
This would seem to suggest that Ireland may integrate the
Public Services Card across its State functions, but the EU
may be far less enthused about any data-sharing between
public bodies.
And with one integrated card, how can such data sharing
even be avoided?
The legal quagmire for the Public Services Card may just be
beginning.

http://www.thejournal.ie/public-services-card-3496359-Jul2017/