Author Archives: Bodger

Independent TD Noel Grealish

This morning in today’s Irish Times.

Solicitor and partner at Abbey Law Wendy Lyon has dissected Independent TD Noel Grealish’s claims about asylum seekers before writing:

If there is to be a debate on how Ireland responds to its international obligations towards people seeking protection, our politicians and media have a duty to ensure it takes place in a context where claims like these will be fact-checked and falsehoods exposed.

It is not enough to merely report what Noel Grealish says or ask him to “clarify” his comments – it must be shown that he is wrong.

In fairness.

Noel Grealish’s views of asylum seekers are based on myth (Wendy Lyon, The Irish Times)

Rollingnews

Kacey O’Riordan, of Newstalk and Today FM, tweets:

The scene near Aghamore where a man was shot dead last night.

A man in his 80s fired warning shots after he thought he heard an intruder.

A man from a neighboring parish who was in the area was killed.

Man (60s) dies after being shot in Co Mayo (The Irish Times)

Taoiseach Leo Varadkar in the Dáil during Leaders’ Questions this afternoon

This afternoon.

In the Dáil…

In response to questions about the Public Services Card from Sinn Féin, the Taoiseach spoke glowingly about the PSC – telling the Dáil he himself has a PSC.

It follows the eventual publication of a damning Data Protection Commission report about the card by Minister for Employment Affairs and Social Protection Regina Doherty last night and her department’s refusal to comply with the DPC’s orders in relation to the card.

Mr Varadkar told the Dáil that “like the majority of people in this House”, he’s a “big supporter” of the PSC and he thinks it’s worked “extremely well”.

He added:

“Over three million people in Ireland now have a Public Services Card, including me, and when people are asked what they think about the Public Services Card that they have, over 80 per cent of people are satisfied with it and prefer it to what they would have had before which would have been a number of different books and passes – pension books, children’s allowance books, free travel passes, social welfare services cards – it’s replaced all of those and given people one simple card which enables them to access public services.”

“And that’s exactly what the Public Services Card is. It does exactly what it says on the tin. It’s what it was intended to be in 1998 and in 2005 when it was introduced in legislation. It’s there to assist people to access public services  and to make public services more efficient to deliver.

“It is not primarily about fraud but it does have benefits in terms of deterrence, reducing fraud aswell but it’s primary purpose is to make it easier for people to access the public services and benefits that they’re entitled too and also makes it possible to be more efficient for Government departments and agencies and to provide those public services.”

“…in terms of legal advice, it’s not our practice to publish legal advice, either from the AG [Attorney General] or outside counsel, we won’t be doing that. But obviously, if this case goes to the court, goes to the circuit court or the High Court thereafter then of course that legal advice will be made public at that point and that is normal procedure when it comes to litigation.”

He later added:

“…In relation to the National Childcare Scheme, as you know, that’s coming into effect later this year to provide increased subsidies for childcare for tens of thousands of families across the State and for the first time about 10,000 middle income families will qualify for childcare subsidies for the first time. The vast majority of these families, about 80 per cent, have the Public Services Card already and will be able to apply for those subsidies and increased subsidies online.

“And I think the vast majority of them will do that because they will see the convenience of just being able to take out your Public Services Card, apply for those childcare subsidies online and get those subsidies without going through the rigmarole of filling in forms, getting in photographs, producing banks statements and all of that. However, for those who want to, that option will be available.

“So, there will be an option for those who don’t want to get a Public Services Card. But mark my words – people will vote with their feet and their keyboards and the vast majority of those parents will use the Public Services Card to apply for that subsidy because it makes sense.

“Moving online, digitisation is the future, providing public services to people in this country but the alternative will be there.”

Mr Varadkar went on to say that the department has yet to receive an enforcement order from the DPC and that the DPC has declined an invitation to meet with Ms Doherty’s department.

He also said “this is a democracy” and “the right of appeal is part of a democracy”.

Watch live here

Earlier: The Regina Monologues

https://www.youtube.com/watch?list=PLnz20b9pshclGx8uUK1MSnSG5EgGXBaEz&v=PdvE85OTFQQ

This afternoon.

In the Dáil.

Solidarity TD Ruth Coppinger said:

“We now have a situation where sex for rent is becoming a reality for a lot of tenants. We don’t have data in this country but in England, the Shelter organisation reports 250,000 women have been propositioned by landlords in this way.

“I’ve had a young woman who was renting a bedsit, in all but name, in the Rathmines area, who was a victim of this and I’d like you to listen to some of the messages that she was sent.

“When she said she had to leave as the rent was too expensive, the landlord said ‘are you coming to live with me in my house?’

“She said ‘are you being serious?’ and he replies ‘yes, I think you’re beautiful. Maybe you could stay there for two months at half money and we go for dinner and see what happens’.

“When she rejected this, he said ‘I’ll make you a better offer. You can stay for free until Christmas if we can agree something. Now, I have the text messages here and I seriously think that it’s high time that we collated data in this country because you’ve allowed a situation where young women, in very vulnerable situations, thankfully she was able to move on, could actually be put under undue stress and pressure because the landlords rule in this Dáil and you’ve done nothing about it.”

In response, the Minister for Housing Eoghan Murphy said earlier this year, the Government enacted “the most substantial reform for protecting tenants that had been enacted since we brought in rent controls in the first place”.

In relation to the specific case raised by Ms Coppinger, he said:

“That sounds disgusting and a horrible thing for someone to have to go through. It is absolutely a matter for the gardai and a criminal matter and I hope it is being addressed in that way.

“But in relation to the wider point you make – and research being done in the UK – I will of course talk to the Minister for Justice about what might be possible in relation to these types of situations women might be finding themselves in because it’s reprehensible.”

Via Oireachtas.ie

Pics via Ruth Coppinger

EARLIER:

Thud.

Leaders’ Questions will get under way at 12pm in the video link above.


Stop that.

Last night.

Eyre Square, Galway.

Members of the French performance company Gratte Ciel (skyscraper in English) preparing for their live performance alongside local musician and performer Anna Mullarkey (standing) at the launch of the Galway 2020 European Capital of Culture programme.

Galway 2020 programme.

Pics: Aengus McMahon

Meanwhile…

Martina Anderson?

James McClean?

Meanwhile…

A former Belfast councillor who falsely referred to Republic of Ireland footballer James McClean as a “super Provo” is to pay out £63,000 (€71,000).

The settlement covers damages and legal costs of the Stoke City player’s defamation action against Chris McGimpsey.

McClean awarded £63k damages over defamatory remark (RTÉ)




Yesterday.

Miele Experience Centre, Citywest, Dublin

The Miele Art of Living event where Irish starchitects Dermot Bannon and Declan O’Donnell hosted a discussion on home improvement and redesign. Yes, we’re back, baby.

From top: Graham and Anna Crossan; Eileen Dunne and Declan O’Donnell; Sara and Mike McLoughlin; Aisling Hall and Kathy Tuck; Barbire Power (left) and Katherine Donnelly; Deirdre Whelan (left) and Marie Butler; Dermot Bannon and Declan O’Donnell

Miele

Sasko Lazarov/Photocall Ireland

RTÉ’s Mary Wilson; Minister for Employment Affairs and Social Protection Regina Doherty and Minister for Finance Paschal Donohoe; Public Services Card

Last night.

On RTÉ’s Drive Time.

Minister for Employment Affairs and Social Protection Regina Doherty was interviewed by Mary Wilson following the publication, by her department, of the Data Protection Commission’s report into the Public Services Card.

Before their interview began, listeners heard a clip of an interview the Data Protection Commissioner Helen Dixon had with RTÉ’s Miriam O’Callaghan last month – during which Ms Dixon spoke about what the DPC had ordered Ms Doherty’s department to do.

These orders included that Ms Doherty’s department had to stop issuing new cards, with immediate effect, to people seeking a service that’s outside of her department – and Ms Dixon asked that the department write to her within 21 days to outline how the department carried out that order.

The DPC also ordered that the department delete the supporting documentation – such as utility bills, etc – that the department had retained on the 3.2million card holders. Ms Doherty was to write to Ms Dixon about that within six weeks.

But last night, Ms Doherty was categorical that her department will not be complying with these orders.

From last night’s interview:

Mary Wilson: “You heard what the Data Protection Commissioner said there. She said that on the 16th of August. Have you complied with all of those directions?”

Regina Doherty: “Well, I think, as is on the record, we took a number of weeks to consider the votes, the letter that the commission sent us and the report with all of its eight findings. And the simple and short answer to your question is ‘no’. Because we don’t agree with any of the eight findings and we have written to the commission to outline that.”

Wilson: “So, where to now?”

Doherty: “Well I suppose the position is that we’ve made, we’ve reacted to the instructions that the Data Protection Commission gave us in the letter of the 15th. We’ve requested a meeting, on a number of occasions, to see if we could establish. There are some inconsistencies with regard to the findings and the instructions in the letter and some of…”

Wilson: “Like what?”

Doherty: “It’s kind of technical, it’s…”

Wilson: “Well, we need to get technical, minister then because this is a damning report on your department and the operation of the Public Services Card and your response is that you’ve got problems with some complicated issues or fair procedures.”

Doherty: “No, well, actually, that’s not what I said. And our response I think is very clear and unambiguous, in so far as that we disagree and the legal advice that we’ve obtained, from the Attorney General, is that we have an incredibly strong legal basis to do exactly what was set out in the 1998 legislation, established in the 2005 legislation and amended thereafter in 2007, 2009, 2011 and 2013.

“And so we’re not trying to be ambiguous in any way, shape or form. Which is why we’ve been as transparent as we have been today – not only to publish the findings and the report from the Data Protection Commission but to publish the correspondence that’s gone on between ourselves and the commission since then.

“I’ll give you a small example of the difference between the findings in the report and the instructions in the letter.

“One of the findings in the report is that we, should not, under Data Protection law, retain data indefinitely. I’m not sure what the legal definition of indefinitely means but the instructions in the Data Protection Commission’s letter is that we have to immediately delete all of the data that we hold on people, even for people who’ve only got a PSC card last week.”

Wilson: “Supporting documentation, minister.”

Doherty: “That’s correct, yeah.”

Wilson: “Not the name, and so on, it’s the supporting documentation…”

Doherty: “So to be clear, Mary, that data set…”

Wilson: “…the data sent to get the card.”

Doherty: “The data set is entirely different to the supporting documentation and the discrepancy or the inconsistency is with regard to the supporting documentation. And that’s only one example. But unfortunately, we haven’t been able to meet with the Data Protection Commission staff and that’s why we are where we are today which is why we’re publishing the report…”

Wilson: “So, just to be clear before you move on. Just to be clear before you move on. You will not be getting rid of or eliminating or destroying the supporting documentation that you retain on 3.2million people who’ve received the card?”

Doherty: “No, Mary, because our advice is that it would be illegal and so if I acted as the directions in the Data Protection Commission’s letter has suggested, I would actually be contravening the legislation that underpins the practice and the policy as far as 1998 and that would be illegal.

“And that’s the advice that I have. And with respect to my role and my job, which is defending the delivery of services, in an efficient manner, to the public which we serve, we regard the legal basis underpinning this service to be incredibly strong.”

Wilson: “Will you stop any demand for the Public Service Card for the delivery of services other than welfare services?”

Doherty: “So, to say again, Mary. The eight findings, in its entirety, are not accepted by ourselves in Government and so we won’t be complying with any of the instructions with regard to the findings or the instructions in the letter.”

Wilson: “Spell that out for the public. When I go to apply for a passport now, are you going to ask for a Public Services Card?”

Doherty: “So, to spell it out for the public, in so far as 3.2million people in Ireland already have data, or PCS [sic] cards. Anybody that doesn’t have one is usually invited to come in and be registered under the SAFE 2 process and that allows them access. All of the public services across Government departments, on a once and done basis, and so what you would be suggesting that we do, is to go back and asking people to fill out forms in triplicate, across a number of departments…”

Wilson: “No, no, no. I asked a simple question: what are people to do now if they’re applying for a passport and they’re asked for a Public Services Card?”

Doherty: “Exactly as they always have done.”

Wilson: “What are people to do if they’re applying for their [driving] theory test? For their driver’s, their learner permit? And they’re asked for a Public Services Card? Are you saying it’s mandatory of compulsory or which? That they produce it?”

Doherty: “In most cases, in most cases, Mary, across all of Government departments, with maybe the exception of my own, there are different ways that you can apply for services and so there is a long-form way. And so, for argument’s sake, you can go and you can get your forms filled out in triplicate and bring your passport or driving licence…”

Wilson: “So you’re fudging it?”

Doherty: “No, I’m not. That’s a way that you can go and access services. The efficient way for people to access services is those who have a PSC card can do most of their conversing with the State online. And that still is true.

“So for people who don’t have a PSC card, nobody is absolutely going to make them get one but for those people who do have and want to deal with the State efficiently then, you know, 3.2million people tell us nine out of ten people, we conducted a survey…which tells us that it does actually make the transactional engagement much more efficient…”

Wilson: “What you’re saying is ‘we’ll make it so difficult for people to interact with the services that it’s going to be the only way forward’.”

Doherty: “No, no…no, no…”

Wilson: “That is what you’ll be doing.”

Doherty: “No, Mary, it’s not making it any more difficult. It’s just maintaining the way it always was….which was cumbersome.”

Wilson: “Meanwhile…meanwhile we have a report that you’re rejecting in full – all of the findings. And where are you going now? What is the next step?”

Doherty: “Well the next step is that we have to wait for the Data Protection Commission to enforce the findings, if they so wish. And because at the moment we don’t have anything that we can legally appeal. So I suppose we await for the Data Protection Commission to send us an enforcement notice.”

Wilson: “So you say ‘the ball is in your court, Helen Dixon’.”

Doherty: “Well, that’s just the reality, Mary so…”

Wilson: “The ball has been in your court since, was it August 2017 you got the draft report?”

Doherty: “No, I think it was that, that was the year the commission started their investigation and so…”

Wilson: “OK, you knew about the concerns since 2017. When did you first receive the draft findings of the Data Commissioner?”

Doherty: “So, in August of 2018, we received a draft report from the commission which we responded to comprehensively in November of 2018.”

Wilson: “The réponses – did they run to hundreds of pages?”

Doherty: “They did, yeah, they did.”

Wilson: “And at that point, did you inform your Cabinet colleagues of the content of that report?”

Doherty: “Well the first instruction from the Data Protection Commission was that the report was to be treated as private and confidential and wasn’t to be shared with anybody. We sought permission from the commission to share it with the Department of Public Expenditure, given that they are joint responsible for the roll-out of national services on an e-Government basis. That permission was granted and both myself, my department, and DPER compiled a very comprehensive response to the initial findings in the draft report and that did run to some 170 pages. And that was returned to the commission in November 2018.”

Wilson: “And where do you see this going though? You say you’re waiting for an enforcement order to come from the data commissioner. Do you then take it to the courts? What is the protocol? I don’t know what the process is here? What is the Attorney General advising you to do?”

Doherty: “So again it very much depends what’s in the enforcement notice and, given that we haven’t seen it yet, it’s difficult for me to be precise.”

Wilson: “But what are the options?”

Doherty: “In normal circumstances, if an enforcement notice was issued to a department that it didn’t agree with, it would take an appeal of that enforcement notice. In this particular case, it would probably start in the Circuit Court. The other possibility is to conduct a judicial review but, again, without seeing what’s in the enforcement notice, it’s a bit difficult to be precise.”

Wilson: “Would you want to expedite this quickly?”

Doherty: “Well look I’m very comfortable with the fact that the legal advice that I have given, gives me confidence that we are doing exactly what was established and set out as far back as 1998 and, as I said, it’s been reinforced in various different pieces of legislation by various different ministers for social protection and employment affairs.”

Wilson: “But it’s starting down the road now of legal challenges. You could be accused of kicking the can down the road and avoiding doing what you ultimately  you may have to do anyway.”

Doherty: “But how could I kick the can down the road of doing something I have no intentions of doing because I have no, because I don’t agree with it? And so where I have legal basis is, is that the legislation that was established in 1998, reformed in 2005, 2007, 2009 and 2011 and 2013 gives me robust legal basis to conduct the Government policy across any Government platform as was envisaged…”

Talk over each other

Wilson: “And you know as well that lawyers will differ and judge will ultimately in a court will have to decide and then ultimately you may have to accept an outcome contrary to what you believe yourself.”

“In any event, there is also another process now where the [Irish] Examiner is reporting today about the second generation of the Public Service Card. A further two million or so cards that are going to be processed. Is that continuing? Is that tender, is that contract signed? Is that tender done and those cards being prepared?”

Doherty: “There’s no iteration of a new version of card, I’m not sure where the Examiner is getting its information from. The Public Services Card is being renewed, the contract has just been renewed with a new agency to do what will be our second generation but it’s just the lifespan of a Public Service Card is seven years. We’ve come to the end of that and are starting a new card. I’m not sure, I haven’t seen the article in the Examiner so…”

Wilson: “I presume the new card will have more and varied capacity or ability…”

Doherty: “Well, there’s no plan in the legislation to have…”

Wilson: “You can tap it?”

Doherty: “No.”

Wilson: “That’s not going to be on the card?”

Doherty: “Well, it’s not in the current legislation so I can’t see why we would…”

Wilson: “And how much  are you spending now on the, the additional 2.6million cards?”

Doherty: “Again, it’s not additional spending. The project that was envisaged in as to roll out in 2005, sought to actually ensure that everybody was identified and registered under the Safe 2 process. The PCS process is a by-product of that, it’s only a token that’s given at the end of the identification and authentication process.”

Wilson: “And what’s it costing?”

Doherty: “Well, at the moment, I think we’ve just spent over €60million. I think that’s a very good and strong investment in the delivery of public services.”

Wilson: “We don’t know that yet. You actually don’t know that yet. You’re going to challenge the Data Commissioner’s findings so, ultimately, this will go through the courts. And, ultimately, that €60million, plus additional funding that you may continue to spend, could be money down the drain.”

Doherty: “I tell you what I do know, Mary, is that 3.2million people have taken the time to come in and get themselves identified and registered until the Safe Two process because they want and value to be able to do they business online, in an efficient and quick manner…”

Wilson: “Perhaps because they were told that it was compulsory and mandatory to get it by you.”

Doherty: “Well, they’re not,  they were invited in. And actually I think if you look at the finding of the one, of the first finding in the Data Protection [Commission’s] eight findings is that she has entirely deemed it legal for the Department of Social Welfare and Employment Affairs…”

Wilson: “She has…the only department that it is legal to use..”

Doherty: “…And..that’s the department that we were talking…”

Wilson: “And do you accept, you accept that finding?”

Doherty: “To go back to what I was saying to you a second ago is that we have 3.2million people who have registered extremely high satisfaction rates with the usage of the card. They value it and…it’s my job to make sure that I continue to provide those services in an efficient manner for the people that we serve.”

Wilson: “Minister Regina Doherty, thank you for joining us.”

Listen back in full here

Meanwhile..

Kevin Lunney, Chief Operating Officer of Quinn Industrial Holdings (QIH)

The PNSI said a 50-year-old businessman was abducted from his home in Derrylin at around 6.40pm yesterday.

He was seriously assaulted before being left on the side of the road at Drumcoughill, Cornafean in Co Cavan.

The man was found by local residents just before 9pm and brought to Cavan General Hospital with serious injuries to his face and leg….

Quinn Industrial boss Kevin Lunney abducted from home and dumped after horrific attack (Belfast telegraph)

The abduction of Mr Lunney is the latest in a spate of attacks on homes and businesses linked to the former Quinn Group manufacturing company which was broken up after Sean Quinn fell into bankruptcy after investing in the collapsed Anglo Irish Bank.

Abducted businessman beaten and dumped on Cavan road (RTÉ)

Pic: Fermanagh Herald