Thread by @ciananbrennan

.@DPCIreland Helen Dixon is up in front of the Public Accounts Committee, starting now. Ostensibly to discuss the commission's accounts for 2018. However, you can also expect a certain not-a-national-ID-card to have a starring role #PSC Watch here: oireachtas.ie/en/oireachtas-…

@DPCIreland Commissioner's opening statement:

@DPCIreland Sinn Fein's David Cullinane probing Dixon about when fines of €1 million under GDPR can come into play. "The DPC decides and adjudicates in terms of the fine, and the court applies fine if there is no appeal," Dixon says

Cullinane now asking about the C&AG previously stating that no single business case ever put forward for the #PSC. PAC's remit is for value for money to public, he says. PSC costs very up in the air at the moment, last time they were properly estimated was 2017, est. €60 million

We're now firmly in #PSC territory. Dixon outlines directions given to @welfare_ie on August 15th, ie to cease all processing using PSC for anything other than welfare. Said she gave Social Protection 49 days to come up with an implementation plan for her 7 adverse findings

@welfare_ie Dixon says the Commission sought legal advice before issuing the draft #PSC report to DEASP in August 2018, at a cost of €10,000. Advice came from junior counsel

@welfare_ie Dixon: "It was out of the question that a meeting (with Social Protection) would be appropriate given Dept was clearly not going to comply with the report’s findings" #PSC

@welfare_ie This is the letter from DEASP to the Commissioner on September 3rd to which Dixon is referring as inappropriate:

@welfare_ie Dixon says it is "certainly not the norm" to receive 470 unsearchable pages in response to the DPC's interim adverse report into the #PSC

@welfare_ie Asked if there was "pushback" to her investigation from the Dept, Dixon says "they clearly are resistant to the legal analysis" #PSC

@welfare_ie Dixon says that Passport Office and Transport appear to be no longer requiring the #PSC, but that the new National Childcare Scheme seems to be "pressing on" with its own requirement, which is "totally at odds" with the findings of her own report

@welfare_ie Dixon agrees that the "nub of the issue" comes down to the 23 words in the Social Welfare Consolidation Act 2005, which DEASP and the DPC disagree over the interpretation of same #PSC

@welfare_ie Those 23 words again, per subsection three of section 263 of the Act, regarding a prospective Public Service Card: “A person shall produce his or her Public Service Card at the request of a specified body for the purposes of a transaction.” #PSC

@welfare_ie Very interesting interaction between @alankellylabour and Richard Fallon from the Dept of Justice. Kelly wants to know if DoJ accepts the findings of the DPC, when DEASP clearly does not. This leads to much verbal gymnastics on behalf of the civil servant...

... who essentially says it's not for him to say. Kelly: "It is my interpretation that the DoJ does not accept the findings. Is that accurate?" Fallon: "You are putting words in my mouth...

..."The #PSC is not longer being required to make a citizenship application, so we are responding to the report," Fallon says. That appears to be fairly overt declaration that depts are no longer comfortable with a mandatory requirement for the card in the fallout from the report

Kelly wants to know if biometric data is being stored on the card? Dixon confirms that it is per the definition of what biometric data is. That doesn't sound good for @welfare_ie in terms of the biometric report due at the end of the year #PSC

@welfare_ie Dixon tells Kelly that the DPC has made a detailed budget submission for increased resources for 2020 to Dept Public Expenditure, via the Department of Justice. Point here from Kelly I think is that DPER is heavily involved in #PSC project. DPC biting the hand that feeds them?

@welfare_ie Dixon is now talking about who picks up the tab for worldwide investigations into big tech companies and data protection, given @DPCIreland is the lead regulator. She says she believes the cost is borne by the Irish exchequer

@welfare_ie @DPCIreland She says that the DPC received most of what it asked for for 2019, €15 million, from DPER. The Commission is looking for €21 million or so for 2020. Its scope and headcount is growing exponentially post GDPR

Dixon confirms that DPER led the policy for the expansion of the #PSC. @CathMurphyTD says everyone will draw their own notes (presume she means conclusions) from that fact

@CathMurphyTD Commissioner confirms for Murphy that had the investigation into the #PSC been carried out under GDPR, then she would have been able to publish it herself. Because investigation was carried out under old acts DPC was reliant on DEASP to publish

@CathMurphyTD She also confirms that both the biometric and free travel modules of the investigation, which have yet to be published, were also commenced under the old Acts

However, an investigation into MyGovID WILL be carried out under GDPR #PSC

Murphy asks Dixon about how she allocates resources? Says risk-based approach taken, media reports on tech giants for instance may lead to action, #PSC was clearly a project likely to affect a huge amount of people, she says

From earlier in the hearing, but I forgot to tweet it, Dixon was asked if she thought the language used by the State in dealing with her is appropriate? Alan Kelly wasn't sure that it is. Dixon: "I’m sure all sorts of language is being used to describe me in those bodies" #PSC

DPC asked how often State has appealed its findings. Twice appears to be the answer, by courts service in 2017, and stat appeal/judicial review of child benefit decision from 2019. Dixon: “It’s unusual but right of reply does apply to public as well as private sector.” #PSC

Imelda Munster suggests that @welfare_ie has made a "real pig's ear" of the whole #PSC project

@welfare_ie Dixon asked what the consequences of non-compliance by @welfare_ie would be. Dixon: "It depends on whether they do appeal, or are forced into compliance. Ultimately we're confident in our findings, and we stand over it, so would imagine they will be required to comply." #PSC

@welfare_ie Seamus McCarthy, of Comptroller, asked about lack of biz case for #PSC. "Absolutely a business case is very important, projecting the expected outcome, expected costs, it's a fundamental requirement for any sort of public sector project," he says

To reiterate, no such case was ever made for the card #PSC audit.gov.ie/en/Find-Report…

.@catherinegalway turns from questioning to big up the Commissioner: "You’re a breath of fresh air Ms Dixon, the way you’ve answered questions this morning, a model to others who appear in front of us."

@catherinegalway Connolly: "It was supposed to be an enabler, it has been an inhibitor, it was supposed to help access services, that hasn’t happened, and in terms of fraud the savings are minute, and errors are multiplying, and no-one can tell us what the costs are." #PSC

@catherinegalway Dixon says that costs for @Alan__Shatter case, wherein former Justice minister successfully appealed decision of DPC re disclosure of @wallacemick alleged traffic infraction, were €97,000

@catherinegalway @Alan__Shatter @wallacemick Back to #PSC. Dixon says the card presents a whole range of issues regarding foreseeability, such as that expressed in par 359 of report, which shows that a person's address may not be updated by the State should they move home, or even change their name

@catherinegalway @Alan__Shatter @wallacemick Enforcement will come "in the next number of weeks", Dixon says #PSC

@catherinegalway @Alan__Shatter @wallacemick Richard Fallon from DoJ back in the spotlight from Marc MacSharry, re whether or not the DoJ accepts the Commissioner's findings: "A finding has been made in terms of one dept, that is being contested, so in law that remains to be proven one way or the other," says Fallon #PSC

The episode of Yes Minister where Sir Humphrey appears before, and hopelessly stonewalls, a committee springs to mind. It's masterful, an ability to say a lot while saying nothing. Not an easy skill to employ effectively

Dixon asked how the DPC compares to its European counterparts. Dixon: "What I can say as a DPC in EU we’re almost unique in terms of the amount of litigation we deal with, because Irish DP acts have always allowed for statutory appeal." That is not the case elsewhere it seems

Kate O'Connell asks why there was no enforcement at the time of the report's publication. Dixon: "We invited the dept to voluntarily comply with a very clear set of directions. This is absolutely routine." She goes on to cite a number of precendents #PSC

Dixon re the retained data @welfare_ie's holds: "There simply wasn’t evidence provided by Dept as to why it was holding onto the supporting documentation. Once you’re satisfied to someone's identity, what purpose could retention of that documentation serve?" #PSC

@welfare_ie Commissioner says that she is "significantly advanced" with regard to the next draft report, into the alleged biometric nature of the #PSC. Doesn't give any indication of findings. Fun times ahead for @welfare_ie staff charged with responding. But will this PDF be searchable? 🤔

@welfare_ie Dixon confirms that when it comes to the report into the #PSC's biometric nature or otherwise, once more it'll be up to @welfare_ie to decide whether to publish it or not. God help us

@welfare_ie That's your lot from PAC for today. Quite a bit of interesting tidbits emerged. The next big hearing will be sometime in about five weeks, when @welfare_ie makes its way before the committee. Should be fun #PSC