Mr. Martin Callinan:

First, there are clear rules of engagement in the context of the covert human intelligence source system that we have in place, referred to as CHIS, which came into being in April 2006. Prior to that we had a slightly different system. The CHIS system is the process by which we now handle informants. It is very clear what the requirements are in relation to the handling of informants. It has to be said these are extremely difficult people to handle because to have a very effective informant, they have to be quite close to the bone. Therefore, our agent handlers who are all trained in these matters have to walk a very fine line, but the rules of engagement are very clear.

No more than the other topic the Deputy was discussing earlier with me, there is a need to have contact logs with the people concerned. They are told at the outset that under no circumstances can they become involved in criminality. That is a given. It is also the case that we do not use participating informants in this country. I would expect that if a situation were to arise or develop where we did need to introduce an element of participation, it would be a matter of deferring to the Director of Public Prosecutions who would decide on its appropriateness or otherwise. However, we do not give carte blanche to anyone to commit crime; I had very fixed views in relation to it. I am trying not to get involved in specific cases.

It is the case that a report is in the public domain. It is the case that there were very heavy criticisms of An Garda Síochána in the manner in which it approached the investigation. I want to be clear and go on the record to say I am absolutely fully subscribed to the view that the Garda Síochána Ombudsman Commission, as a statutory body, is fully entitled to see all of the information we have available to us in An Garda Síochána. That is the first point.

For some time now we have been engaged with the ombudsman commission on how we can safely pass on that type of information and how it would be handled in the context of its obligations under section 103 of the Act to report back to the complainant or otherwise of An Garda Síochána. The ombudsman commission and An Garda Síochána have clear statutory roles. The issue is how we can both manage to successfully do our business while providing the type of reassurance necessary to ensure people are not killed on our streets because of leaked information. We have a clear duty of care in terms of how we process such information. It is somewhat ironic that part of the discussion closed off in the week of publication of the material concerned. I am currently preparing a detailed report for the Minister.

In the course of the particular investigation being spoken about and reported more than 2,000 documents and 140 volumes of material was passed to the ombudsman commission. In my view, this shows a substantial level of co-operation. As already stated, I propose to address these matters in more detail for the Minister, following which there may be further discussion on the matter.