John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

We are trying to strike a balance. We are having it examined in the context of the claim of the significant loss of money to the State and the breakdown in the system, while at the same time working in accordance with the data protection laws. I think we should not be stopped in the context of our examination of the information relevant to the systems failure and the loss of funds to the State. Whether that means we hand the information to the Comptroller and Auditor General to do a report or give it to somebody else will depend on the legal advice that we receive.

I agree with members that we should deal with this as quickly as possible. It is a matter of public interest. It is a matter of concern to the Garda Commissioner. It is also a matter of concern to the whistleblower, who claims he was within his legal rights to present this to the Oireachtas. In fact, he says he was encouraged by the Minister to do so. He wrote to this committee and we acted on it. He would claim that it was within the law for him to do what he did, and that we can examine it on the basis of loss of revenue. That is the angle he is taking on the matter. It is not a question of naming names or anything like that. It was decided that it was only fair and proper, in order to protect the committee, to ask for legal advice before getting to the examination. That is what we have done. The data is also protected. It has not gone anywhere. It has not been examined. It is with the legal advisers. I think that is appropriate and proper. I agree with Deputy Ross that any information which should be in the public domain should be placed in the public domain. Would Mr. McCarthy like to comment?