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'This is f***ing insane': OPW staff emails show tensions over decision to ban visitor books from sites

The books were banned from sites such as Dublin Castle and Kilmainham Gaol over data privacy concerns.

THE CHAIRMAN OF the Office of Public Works (OPW) said a decision by the agency to ban visitor books from its sites over data protection concerns “flew in the face of common sense”, internal correspondence has revealed.

Emails and text messages, seen by TheJournal.ie, show how senior OPW staff clashed over the decision to remove the books from Irish heritage sites.

The ban came to light last month, when sites including Dublin Castle, Kilmainham Gaol and Muckross House stopped using visitor books, with the OPW citing fears over data protection.

OPW officials made the decision in light of the introduction of the EU’s General Data Protection Regulation (GDPR).

Privacy experts said the move was excessive, and the ban was described as a “disproportionate approach” to data privacy by the Data Protection Commission.

The OPW later reviewed its decision and issued a statement to say the books would be restored, while clarifying that it had “erred on the side of caution”.

GDPR compliance circular

But although the controversy only came to light last month, documents released under the Freedom of Information Act show how the OPW’s Data Protection Officer Liam Kelly outlined why visitor books should be removed last December.

The order was one of several made by Kelly in a document later sent to staff in charge of heritage sites to ensure the OPW was compliant with GDPR.

The circular said:

Visitor books should no longer be used on sites, as they do not comply with GDPR.
By definition, visitor books process data in an insecure manner, as anyone can look at the data and some people write their full names and addresses.

Other instructions in the circular included requirements that OPW sites erect signage stating why CCTV was being used, and that visitors should pass at least two signs before they came into view of a camera.

The document was subsequently forwarded to staff at heritage sites on 2 January, and the visitor books were removed from some locations.

Further correspondence shows how, in addition to his concerns about data security, Kelly felt compelled to remove visitor books because the OPW did not have any use for them.

Following a press query about the removal of the books in July, he clarified why the decision had been taken, claiming that anyone using their phone could take a picture and copy the data of those who had signed them.

“The visitor books did not appear to have any useful purpose for the OPW, other than allowing visitors to record comments, as nothing was done regarding the comments they contain,” he said.

As GDPR requires a purpose for processing data, this was another reason for not collecting it in the first place. 

In the same email, Kelly explained that some alternatives to the visitor book system had been proposed, including advice that visitors only gave partial details when signing the books, or that pages with a dark grey background to disguise information could be used instead.

However, he added that having visitors sign illegible pages was pointless and he suggested that there would still be a risk of a data breach if partial details were given.

Chairman emails staff

In response to the press query, the OPW formally issued advice to heritage sites instructing them to withdraw visitor books on 22 July.

The issue was reported in the media the following day, prompting OPW Chairman Maurice Buckley to contact two staff members – neither of whom sent the instructions – for information.

“Please advise who made the decision to remove visitor books from sites as reported… today and the circumstances behind the decision,” he said.

In an email to a third individual, one of the staff members whom Buckley emailed wrote: “This is gone f***ing insane at this stage! I’ll have to talk to him [Buckley]“.

Text messages between the two staff members later show how they sought to play down the impact of the controversy. One read:

Its getting zero public comment on social media. Only people on it are media and GDPR [professionals] so [there is a] tiny audience for this… this will be gone by tomorrow if we walk it back as discussed.

Advice to Ministers

Meanwhile, Buckley emailed Kelly and OPW press officer Brian Higgins to ask them to explain the former’s original advice about the visitor books.

Higgins also sought the input of the Chairman before sending advice to Government Ministers about the issue.

Buckley agreed that Kelly’s justification might be technically correct, but said the decision to remove the books “flies in the face of common sense and proportionality”.

He said:

To address a low-risk item like this is fine if we have fully addressed higher risk items like Health and Safety issues beforehand.
We leave ourselves very open to a ‘have you nothing better/bigger to be worried about’ accusation.

The Chairman also suggested waiting until the following day to consider the situation before Higgins sent advice to Ministers about the situation.

In response, Kelly reiterated his earlier claim to Higgins that the books served no purpose to the OPW.

“The real problem with the visitor books was that the Office did not use the visitor books for anything, so had no purpose for collecting the personal data in the first place,” he said.

“That taints the whole process with illegality. I can see the same hue and cry because someone’s data was lost… The GDPR does not provide a get-out because something is minor.”

Kelly also said that while it was unlikely that the agency would be fined if there was a data breach, he believed there was nothing to stop individuals taking legal action if this happened.

“Who told people that visitor books were banned anyway?” he added. “All they had to do was say we don’t have one.”

Reinstatement of books

Buckley later agreed to issue a press release on 24 July announcing a review of the policy, which also called for clarity from the Data Protection Commissioner on the issue.

A final email was sent by another OPW staff member that afternoon, announcing that all visitor books should be reinstated with immediate effect.

In another email that evening, Buckley told Kelly and Higgins that he was satisfied that the issue was at “the very bottom scale of risk”.

“Removing the books was too heavy a response and not what Liam [Kelly] had intended triggering,” he said.

“I will take full responsibility for the residual risk involved in putting back the books.”

He added that he did not wish for Kelly to seek clarification from the Data Protection Commissioner, as doing so would complicate the process further, and said he now considered the matter dealt with.

Visitor books have since been reinstated at a number of OPW sites.

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46 Comments
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    Mute Sean Leonard
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    Jun 11th 2019, 10:15 PM

    Irish Rail /Enterprise really need to address this issue, there’s absolutely no supervision or control on ANY of their trains to any part of Ireland, same when you find people on pre-booked seats they won’t move just by not serving alcohol on Fridays on trains to Westport isn’t solving the issue

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    Mute MiseBean
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    Jun 11th 2019, 11:16 PM

    @Sean Leonard: strange that all the criticism is towards Irish Rail instead of the man who committed the abuse.

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    Mute Mark Johnson
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    Jun 11th 2019, 11:34 PM

    @MiseBean: pre booked seats on trains in Ireland is a terrible idea and it should be scrapped. it was much better without it.

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    Mute Patabake Kennedy
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    Jun 12th 2019, 12:07 AM

    @MiseBean: Dont be long about getting this type of vermin off airplanes when they cause havoc among other passengers.

    54
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    Mute Mark Johnson
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    Jun 12th 2019, 12:08 AM

    @Mark Johnson: as is the nature of train journeys, too many people getting on and off pre booked seats. it causes confusion and unnecessary arguments on the train.
    fine on a plane, but it just doesn’t work on a train

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    Mute Patabake Kennedy
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    Jun 12th 2019, 12:42 AM

    @Mark Johnson: Plane/Train, makes no odds Mark. This carry on should not be allowed any time or place in our society.

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    Mute Sean Leonard
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    Jun 12th 2019, 12:43 AM

    @MiseBean: kinda simple! Irish Rail /Enterprise have a duty of care to ensure the safe transportation of fare paying passengers under the conditions of carriage…

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    Mute Patabake Kennedy
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    Jun 12th 2019, 12:59 AM

    @Sean Leonard: As long as your money is in their hands,Sean, ya can suffer all ya want and there are no comeback in regards of the safety of anyone else.

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    Mute Conor Thorne
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    Jun 12th 2019, 8:40 AM

    @Mark Johnson: works on continent fine why can’t we manage it

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    Mute Raymond Power
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    Jun 12th 2019, 11:23 AM

    @Mark Johnson: why not??? works perfectly fine here in Sweden.

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    Mute Angie
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    Jun 13th 2019, 10:48 AM

    @MiseBean: I agree with you all the people on board should have come along together and tell that racist fxxx to stop it .If he saw crowd of people around him He would stop We had to do that a few years ago .

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    Mute Ronaldo Blanc
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    Jun 11th 2019, 10:21 PM

    The irony is the little scroat racially abusing the poor guy probably hasn’t done a day’s work in life.

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    Mute Martin McFly
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    Jun 11th 2019, 11:03 PM

    @Ronaldo Blanc: ironically it’s funny that you say that. My girlfriend that is not Irish was racially abused by a Dublin Bus driver that was well into his 60s. Probably worked his whole life. His reason for the attack was because she let an older Irish lady that moved very slowly on the bus ahead of her. Racism is not a class thing. Everyone dabbles in it unfortunately.

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    Mute Donnacha Bhoicaire
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    Jun 11th 2019, 10:29 PM

    Jesus i wish i was on the train id have absolutely leathered him.

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    Mute Coco86
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    Jun 11th 2019, 10:39 PM

    @Donnacha Bhoicaire: I’m sure you would have batman

    282
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    Mute Suzanne Mc Aleenan
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    Jun 11th 2019, 11:42 PM

    @Donnacha Bhoicaire: I’d have helped you.

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    Mute Ted J. Maguire
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    Jun 12th 2019, 3:52 AM

    @Suzanne Mc Aleenan: well we have the main cast together if there’s an Irish Batman and robin gonna be made. I can hold up the boom, smack, pow, etc signs when ye are bating the drunk lad.

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    Mute Ted J. Maguire
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    Jun 12th 2019, 3:53 AM

    @Suzanne Mc Aleenan: well we have the main cast together if there’s an Irish Batman and robin gonna be made. I can hold up the boom, smack, pow, etc signs when ye are handling the drunk lad.

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    Mute Mike Rugby Nuts
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    Jun 12th 2019, 8:29 AM

    @Donnacha Bhoicaire: he would have been getting my belt slipped over his head from behind. Anyone who thinks everyone is too afraid to jump in is oh so wrong.

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    Mute Gus Sheridan
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    Jun 12th 2019, 9:19 AM

    @Ted J. Maguire: have you got a stutter?

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    Mute Plumbers Dublin
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    Jun 11th 2019, 10:23 PM

    When this country can give powers to any sort of national or private security forces these issues will stop. FFS our Garda are armed with pepper spray against guns and knives, a lot earning under 30k per year. As for train security who’d more than likely be on a lot less. Would you tackle a drunken gang hurling abuse with your whistle and 30 mins until the next stop??

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    Mute EillieEs
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    Jun 12th 2019, 12:53 AM

    @Plumbers Dublin: cabin crew do it at 32,000 feet all the time.

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    Mute Gus Sheridan
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    Jun 12th 2019, 9:23 AM

    @Plumbers Dublin: in the UK British Transport Police are responsible for sorting out incidents like this. They carry pepper spray, takers and asps, pretty effective response against potential Neanderthals…in Ireland you would have more effective help from the Legion of Mary on public transport ….

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    Mute Gus Sheridan
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    Jun 12th 2019, 9:23 AM

    @Plumbers Dublin: in the UK British Transport Police are responsible for sorting out incidents like this. They carry pepper spray, tazers and asps, pretty effective response against potential Neanderthals…in Ireland you would have more effective help from the Legion of Mary on public transport ….

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    Mute ℝ
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    Jun 12th 2019, 10:42 AM

    @Gus Sheridan: yes they do. But they are based at mainline stations only and are rarely seen on trains outside Central London. In an incident like this there would still be the delay of them travelling to the next stop on the journey. Intercity services should never be without a guard, with the authority to stop the train and have the offender removed….

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    Mute John R
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    Jun 12th 2019, 2:34 PM

    @Gus Sheridan: Legion of Mary! Oh that have me a laugh Gus. But you are correct. The problem is not the staff. It is that we do not have a structure in place to deal with this kind of abuse. Security staff on trains and public transport should have powers, legislative backup, proper training and equipment. We cannot leave everything to Gardaí. They can’t be everywhere. And people who behave like his should be prosecuted, named and shamed.

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    Mute Sirius
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    Jun 11th 2019, 10:27 PM

    Is anyone surprised that the Irish Rail staff did nothing? The staff on the trains are pretty useless and when you’re on a moving train, there is no escape from the disgusting displays of human behaviour that we pay a lot of money to witness.

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    Mute Coco86
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    Jun 11th 2019, 10:43 PM

    @Sirius: Also, if a staff member had intervened and removed this twit by force do you think Irish Rail would stand by him when the inevitable claim for damages was lodged – I think not. Same applies to Gardaí, nurses, doctors, firefighters, paramedics etc.

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    Mute Vocal Outrage
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    Jun 11th 2019, 11:35 PM

    @Sirius: as the passengers themselves said, they were fearful of what would happen if they intervened, perhaps Irish Rail staff had a similar concern? Perhaps they were waiting for the next station for security back-up, recall that that particular service only stops at a small number of stations. Perhaps people should be condemning the racist instead of attacking Irish rail staff who despite opinion on here whose job is not in fact as a bouncer

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    Mute Fr. Fintan Stack
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    Jun 11th 2019, 11:46 PM

    @Sirius: No Irish Rail staff on the first 2 Enterprise trains out of Belfast, get your facts right. TransLink driver and Guard. Catering staff are a private company, not Irish Rail or Translink.

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    Mute Darren Moore
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    Jun 11th 2019, 11:39 PM

    Why were the Gardai not called and they could have met the train at the next station or at Connolly ? Irish rail have this as a contingency when they have incidents on their trains . Why are they not sharing a picture of this man so they can identify him and prosecute him.

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    Mute WoodlandBard
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    Jun 12th 2019, 1:37 AM

    @Darren Moore: true, on the Sligo train I have seen people press the anti social button, Garda waiting next station, get on board, quickly assess the situation, and remove the offenders. I gather there is also going to be a text alert system shortly.

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    Mute Raymond Power
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    Jun 12th 2019, 11:33 AM

    @WoodlandBard: anti social button, police, on board security, text alert system…… people try and say public safety is no worse than 30 yrs ago… Such security measures on a train when I was a kid were an alien concept entirely.

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    Mute Mike
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    Jun 11th 2019, 10:40 PM

    @sean: A drunk abusing these fine people on a train over the colour of their skin and their nationality has absolutely nothing to do with having a conversation about immigration, asylum or deportation. Nice try, though.

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    Mute Ashish Uday Lal
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    Jun 11th 2019, 10:32 PM

    @sean: I really don’t think being abused for an hour equates with your need to have an ‘open & fair’ conversation on immigration. Why do you have such a pressing need? This won’t paint a great picture to attract tourist revenue from a growing market like India…

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    Mute sean
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    Jun 11th 2019, 10:37 PM

    @Ashish Uday Lal: Sorry Ashish, Id reply but the Journal are mot fans of free speech and my comment that broke no Journal rules has been removed

    39
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    Mute Coco86
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    Jun 11th 2019, 10:45 PM

    @sean: Are you talking about Making Ireland Great Again!?

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    Mute themansam
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    Jun 11th 2019, 11:03 PM

    @sean: just the national front like comments get removed

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    Mute Dermot McGarthy
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    Jun 11th 2019, 11:05 PM

    @sean: talking through your uneducated hole.

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    Mute James Wallace
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    Jun 11th 2019, 11:19 PM

    @sean: the one where you justified racism and said the abuser was basically right?

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    Mute Lucy Legacy
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    Jun 11th 2019, 11:53 PM

    Totally agree. Racism is a crime. It sounds like they were slow to act. Perhaps that’s what’s to be learned from it. Zero tolerance should be the policy on public transport and police should be notified and as mentioned taken off at the next stop. Inconceivable that the victims and other passengers should have been exposed to this for an hour.

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    Mute Jonathan Baum
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    Jun 11th 2019, 10:51 PM

    Quintessential Irish behaviour: do absolutely nothing about a situation and then go home and moan about it to Joe Duffy. Pathetic.

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    Mute Dara O'Brien
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    Jun 12th 2019, 4:53 AM

    The drunken guy was quite possibly a contributor on here. The usual “why did you come here, you don’t speak the language” “live under Irish rules or go back home”

    Funny how they are all quiet now isn’t it? Feel sorry for that family having to endure that but also disappointed that nobody on a whole carriage full of people was willing to stand up for them.

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    Mute Raymond Power
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    Jun 12th 2019, 11:37 AM

    @Dara O’Brien: should anybody regardless of colour, creed or origin.. While in Ireland.. NOT live under Irish rules?????

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    Mute Rodney Williams
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    Jun 12th 2019, 7:01 AM

    IÈ staff are not law enforcement officers.
    The ticket checker is not a policeman.
    The Train Guard, despite his title is responsible for the safe dispatch of the train only.
    Private Security are only a deterent and have no power of arrest or detention.
    All three of these frequently put themselves at personal risk beyond their duties.
    We really need either the Gardai or Rail Gardai with powers to detain in order to solve this horrible carry on.
    Over to our beloved Government

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    Mute Suzanne Mc Aleenan
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    Jun 11th 2019, 11:41 PM

    That’s disgusting. I have Indian friends who are amazing beautiful people. This racism makes me sick.

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    Mute Martin Brennan
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    Jun 12th 2019, 12:34 AM

    It’s a sad nation we are

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    Mute Adrian
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    Jun 11th 2019, 11:24 PM

    Racism is not acceptable, but going on national radio, what does he want out of this. Its the heated argument of racism versus compo culture.

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    Mute Tony Donoghue
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    Jun 11th 2019, 11:40 PM

    @Adrian: seriously? Maybe he wanted to bring it to the publics attention in the hope that it might help prevent it from happening again

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    Mute EillieEs
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    Jun 12th 2019, 12:59 AM

    @Adrian: I wasn’t aware that Indians had compo culture, thought we and Americans were the only ones noted for it.

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    Mute Del Bear
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    Jun 12th 2019, 11:44 AM

    @Adrian: He was dead right to go on the radio and shine a light on the awful racism he was subjected to. No doubt about it that, that racist abuses other people too!

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    Mute Charles Coughlan
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    Jun 11th 2019, 10:20 PM

    Ignorant racist yobs I’ve no doubt.

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    Mute Gus Sheridan
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    Jun 12th 2019, 9:14 AM

    The UK has British Transport Police who deal with situations like this in the UK , the Gardai don’t even get on the platform here!

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    Mute Wade Wilson
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    Jun 12th 2019, 11:04 AM

    Here is an idea – make Irish Rail a fully owned state body and fund it accordingly. In every country where they have a successful rail system it is because the government run it properly, usually at a loss but paid for through normal taxation. Put proper security on trains and pay the employees a proper wage. It will benefit everyone.

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    Mute Julita
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    Jun 12th 2019, 5:55 PM

    Irish Rail don’t care!!! Myself and my wife were abused, threatened and followed the whole trip from Dublin to Drogheda by a drunk/high man. We changed seats 3 times but he followed us anyway. At some stage we pretended we were asleep so he would leave us alone but that did not help either. Nobody reacted or helped as everyone else was terrified just like us. He was doing drugs and drinking alcohol on the train. I wrote a complaint but honestly it was a waste of my time….. sad.

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    Mute Angry_Man41
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    Jun 12th 2019, 8:46 PM

    I’m a regular traveller on the Dublin – Sligo line and low level anti social behaviour is almost a given.
    Years ago, you had a guard and a checker on the trains, then they got rid of the guard , now they have got rid of checker too. – v rare to have them in train.
    Those causing trouble on trains should b dealt with far more harshly €1,000 fine and if you are a Free Pass holder , loss of your pass for at least a year .
    A lot of these causing trouble seem to be either members of our “ethnic minority” or various other “n’er do wells “ with “problems” or “issues “
    We the travelling public have had enough

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    Mute Thomas Devlin
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    Jun 12th 2019, 11:03 PM

    They should cancel his free travel,oh!wait that would breach his human rights

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    Mute ℝ
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    Jun 12th 2019, 10:38 AM

    What cowards, shame on those on the train who did not intervene. No place in Irish society for small minded bigots/racists. They forget to easily that we were the community that need acceptance in foreign lands for much of the last two centuries.That any foreign visitor has to take abuse from idiots like that while people watch on is an embarrassment….

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    Mute Keith O'Reilly
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    Jun 12th 2019, 2:47 PM

    The ‘no-one has the balls to say it’ bit sounds a lot like some people here :/
    Disgusting carryon. They should be compensated by Irish Rail for this tbh

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    Mute Claire
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    Jun 11th 2019, 10:55 PM

    A woman gave birth this evening on an Irish rail train apparently wonder who assisted her, my daughter & other passengers had their bags stolen last week and there was none to assist them, no security lowlifes getting on & off again stealing as they go no one checking their tickets, needs to be security on every train, especially considering how expensive they are.

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    Mute Claire
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    Jun 11th 2019, 10:44 PM

    A woman apparently gave birth today on a train, wonder who assisted her? My daughter & others had her bag stolen last week and there was no one to assist her, trolleyman had to take her details, which of course was a waste of time, low life’s can just get on & off at stops stealing as they go, no one asking them for tickets, so frustrating

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