Questions for the Data Protection Commissioner

I rang the Data Protection Commissioner yesterday to ask some questions regarding the latest penalty points controversy.

The controversy arose when the Garda Commissioner demanded the return of documents that were handed over to the chairman of the Public Accounts Committee (PAC), John McGuinness, by a whistleblower.

The Data Commissioner is in full support of the Garda Commissioner’s demand for the return of the documents.

This puzzles me, as the Commissioner apparently did not see any legal problems when a whistleblower handed over documents on the same matter to his office and to several other state authorities in 2012.

Predictably, the official I spoke with was uncooperative and used the following standard list of excuses:

I’m not going to talk about what happened in 2012.

The matter is very complex.

We cannot give you answers if you were not personally involved in the incident.

The matter is confidential.

I’m not aware of the full facts and therefore cannot answer your question.

If you want answers you will have to put them in writing.

Following Email submitted to Data Protection Commissioner.

For attention of Data Protection Commissioner:

Via Official:

In 2012 A Garda whistleblower, without the permission of the Garda Commissioner, handed over a report documenting serious allegations of abuse of the penalty points system to the following authorities.

Taoiseach Enda Kenny, Minister for Justice, Minister for Transport, Garda Siochana Ombudsman Commission, Data Protection Commissioner, Road Safety Authority and several opposition TDs.

To my knowledge the Data Commissioner did not judge that the receipt of this report was a breach of the law.

To my knowledge the Data Commissioner did not judge that the receipt of this report by the other named authorities was a breach of the law.

It is reported in yesterday’s Irish Examiner that the Garda Commissioner has written to the chairman of the Public Accounts Committee, John McGuinness TD, demanding the return of documents recently provided by a whistleblower.

The Garda Commissioner is quoted as saying:

I am of the view that these files, containing personal data, are files which I am responsible for and accordingly should be returned forthwith to me.

The Data Commissioner, Mr. Hawkes, supports the Garda Commissioner’s claim that he is entitled to the return of the documents saying the he (Mr. Hawkes) has a duty to act on alleged breaches of the law.

Mr. Hawkes is quoted as saying:

I must support the Garda commissioner’s efforts to retrieve all personal data which was removed from An Garda Síochána without his authorisation.

I would be grateful if the Commissioner could answer the following questions.

Does the Commissioner believe that the handing over of documents to him in 2012 by a whistleblower alleging abuse of the penalty points system was legitimate and therefore not in breach of the law?

Does the Commissioner believe that the handing over of documents to the other named authorities by a whistleblower in 2012 alleging abuse of the penalty points system was legitimate and therefore not in breach of the law?

Yours Sincerely
Anthony Sheridan

Is the Data Protection Commissioner confused about the law?

In 2012 a whistleblower in the Garda Síochána submitted a report through official channels to the Garda Commissioner alleging serious abuses of the penalty points system.

No action was taken and the whistleblower suffered serious consequences as a result of his action.

Subsequently the whistleblower submitted the same report to Taoiseach Enda Kenny, Minister for Justice, Minister for Transport, Garda Siochana Ombudsman Commission, Road Safety Authority, Data Protection Commissioner and several opposition TDs.

The Data Protection Commissioner made no comment and took no action regarding the legality or illegality of the whistleblowers actions.

It is therefore reasonable to conclude that the actions of the whistleblower were legitimate and legal.

Any other conclusion would suggest that the Data Protection Commissioner was in serious dereliction of his duty at the time.

Recently, a new batch of allegations surrounding the penalty points system was handed over to Fianna Fail TD, John McGuinness who is chairman of the Public Accounts Committee.

The Garda Commissioner responded immediately to this event by writing to Mr. McGuinness demanding the return of the information.

The Data Protection Commissioner also responded immediately in support of the Garda Commissioner’s demand saying:

(Mr. McGuinness) has a duty to act on alleged breaches of the law.

For that reason, I must support the Garda commissioner’s efforts to retrieve all personal data which was removed from An Garda Síochána without his authorisation.

I rang the Data Protection Commissioner’s office yesterday to ask why Mr. McGuinness had a duty to act on alleged breaches of the law when the Data Protection Commissioner himself did not feel any such need in 2012.

I’ll report on the response I received in the next day or so.

Government incompetence

From Attic Archives.

Letter to Irish Times April 29 2003

Madam,

In his strong attack on government incompetence over the handling of the SARS crisis (Irish Times, April 25th) Jasper Becker makes the following points.

1. Government leaders have been caught lying about the scandalous, half-baked reform of the health system.

2. A two-tier health service is paid for by the poor but favours the rich.

3. Government control of the media prevents them from reporting freely and fully on matters of public concern.

Mr. Becker was writing about the Chinese government but Irish citizens will not be unfamiliar with this type of system.

Yours etc.,
Anthony Sheridan

George Hook: Please, don't make me face the past

George Hook is not impressed by Sinn Fein’s call for a proper banking inquiry after the party announced it had anonymously received a further batch of Anglo Irish Bank tapes (The Right Hook, 6 Nov).

I don’t want to know what happened in the past. I want to know what happens to my grandchildren’s future, will they get a job and I think that is what we have to be looking and seriously considering now.

People operating under this uniquely Irish form of delusion think that if everybody agrees to forget the past then everything will be rosy in the future.

In functional democracies the common mindset understands that the past must first be dealt with, no matter how distasteful, so that the future can be better for everyone.

CHC: Update on State's continued failure to properly investigate allegations of white-collar crime

I noted the following statement (dated 20 August 2013) on the Central Bank website today.

The Central Bank’s investigation into Custom House Capital Ltd (in Liquidation) and persons concerned in its management has been on-going since the publication of the Final Report to the High Court by Court Appointed Inspectors dated 19 October 2011.

Following consultation with An Garda Siochána, the Central Bank’s investigation has been deferred pending completion of investigations by An Garda Síochána.

This case involves allegations of massive fraud at Custom House Capital (CHC) which was first uncovered in 2009 by a private company shortly after the so-called Financial Regulator had ‘investigated’ CHC and, effectively, gave it the all clear (See here).

Nearly five years later and we’re still waiting for our so-called law enforcement agencies to finish their ‘investigations’.

As with practically all allegations of white-collar crime in Ireland this case will be ‘investigated’ to hell and back until the entire affair becomes neutralised through history or resolved by other means which usually means those ripped off will stay ripped off and those with allegations of fraud against them will remain free and unaccountable.

Update on Senator Landy's bribery allegations

I received a letter on 11 October last from the Committee on Members Interests Seanad Eireann advising me that the Committee had received my complaint against Senator Landy under the Ethics in Public Office Acts 1995 and 2001.

Today, 28 October, Gardai at Pearse Street Garda Station Dublin contacted me regarding my complaint against Senator Landy.

Mary O'Rourke's memoir: Self-serving and delusional

The following review of Mary O’Rourke’s memoir, Just Mary, appears on Amazon.

I really enjoyed this book, the story of Mary’s life and her political career! An honest politician with great ethical principles. So nice to read about someone like this!

Practically all the reviews are in the same vein. The following is my contribution on Amazon.

This book is little more than a self-serving, delusional attempt by O’Rourke to distance herself and her beloved Fianna Fail party from any blame for the economic catastrophe visited upon Ireland and its people.

Ireland’s economic downfall and international disgrace in 2008 was the end result of decades of political corruption principally led by Fianna Fail under the corrupt politician Charles Haughey and his incompetent successors.

O’Rourke was and remains a strong supporter and admirer of Haughey. It was Haughey who first appointed her to ministerial office and she remained a loyal supporter throughout his career and beyond.

O’Rourke’s admiration for the corrupt Haughey is reflected in her decision to dedicate a separate chapter describing a Christmas visit to his home.

This visit took place after Haughey’s corruption had been exposed and suggests that she has more respect and admiration for the traitor than she does for her country and its people.

O’Rourke blames everybody for the economic catastrophe visited upon the Irish people allowing only token, mealy mouthed, admissions that Fianna Fail may have been to any degree responsible.

She blames the global financial crisis, Fianna Fail’s coalition partners, The Progressive Democrats and, most disgracefully of all, the ordinary people of Ireland.

In her own words:

The biggest factor in our decline as a party was the blight of the global recession which hit us in 2008.

There is no escaping the fact that some aspects of their (Progressive Democrats) central philosophy and the concrete measures which this engendered – such as policies on taxation and financial regulation – undermined our effectiveness during a crucial time in government.

But most of all, this arrogant politician blames the people of Ireland (my emphasis).

Banks can be blamed for speculation but they were responding to demands from the people – It is the people who pressed for such financial facilities. Everyone wanted the bigger house, the next holiday the private school for their offspring and so it went on and on.

Throughout the book O’Rourke expresses very little real compassion or anger in response to the events following the collapse of the economy with one glaring exception – when she addresses how the media and ordinary Irish citizens have responded to Fianna Fail’s part in the catastrophe.

When writing about those who dare to criticise her beloved Fianna Fail party her anger is as uncompromising as it is revealing.

The paragraph is worth reproducing in full as it provides us with a clear insight into the delusional world in which O’Rourke operates.

I find it utterly outrageous that it is considered nefarious to be a member, even a grassroots member, of our party and as I write this today, this seems to be the common thread emerging in the media and in public discourse.

I rail against the fact that there are many writers and commentators who in my opinion could be accused of breaching the code of incitement to hatred, in the way in which they write and talk about Fianna Fail.

`Toxic’, `disreputable’, `underhand’: all these adjectives about us are heaped one upon another. I feel it is strongly reprehensible and grossly unfair to the ordinary men and women throughout the country who are the foot soldiers, unpaid, of the party of Fianna Fail.

How dare people cast aspersions upon them? It is as if over all those years, the pent-up hatred of the success of Fianna Fail has cut loose and commentators are giving vent to it, and in a way that completely lacks proportion or even-handedness.

It is nothing short of delusional to suggest that words like `toxic, `disreputable’ and `underhand’ could be used as a basis for accusing writers and commentators of breaching the code of incitement to hatred.

This is particularly so when much stronger words like `corrupt’, `criminal’ and traitorous are entirely appropriate when commentating on Fianna Fail’s political record.

It is nothing short of delusional on a grand scale to suggest, as O’Rourke does, that the negative reaction to Fianna Fail following the economic catastrophe has little to do with the activities of its members and leaders but is entirely down to jealously of Fianna Fail’s success as a political party.

But as delusional as she may be it cannot be denied that O’Rourke is immensely popular with the media and general public.

Her book is a best seller and has received an almost universally positive reaction.

On principle I could not bring myself to add to O’Rourke’s wealth by actually buying the book and so had to wait about two months to obtain it from my local library.

When I finally got my hands on it the librarian asked me to return it as soon as possible as there was a long waiting list.

It is disturbingly ironic that Irish citizens who probably cannot afford to buy the book principally because of the financial devastation caused by O’Rourke’s beloved Fianna Fail are queuing up to read all about her absolute loyalty to that very party.

Indeed, O’Rourke’s popularity within the media and throughout the general public can be seen as a measure of just how far Irish citizens have to go before they grasp the true meaning of democratic accountability.