Alan Shatter (Dublin South, Fine Gael)
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It is important to point out, for emphasis of context, that section 15(1) is a safeguard provision prohibiting the disclosure of confidential information obtained in the performance by specified persons of their functions on behalf of the regulatory authority. The thrust of the entire section is to prohibit unauthorised disclosure of information but it is important to retain certain instances relating to the commission of indictable offences. Deputy Niall Collins has raised the issue in good faith to allow us to tease it out and I am sure it was not his intention to delete the entirety of the section. Section 15(1) states that, save as otherwise provided by law etc., a person shall not make information available. One of the areas in which information can currently be made available is in cases of money-laundering. There are strict obligations in respect of money-laundering with regard to informing the Garda Síochána. There are strict obligations to allow matters to be investigated. These are some of the exceptions in circumstances where the privacy of a solicitor's offices may be invaded and an investigation conducted. There are exceptions to the rule of privilege and they must be taken account of. I am sure members of the committee agree this is the case. In the context of reasonable concerns that have been expressed that the manner in which some aspect of the section is framed could give rise to concerns that it goes further than intended, it must be reframed. This must be done carefully to ensure that where indictable offences are being committed, such as by a member of the legal profession, the matter can be fully and properly investigated. The sad reality is that we have had indictable offences committed by some members of the legal profession and some have been convicted and imprisoned for committing such offences. The section is designed and intended to be a protection for clients while ensuring that, where there is serious criminality, it can be properly investigated. There is an issue of examining the section and the Parliamentary counsel is already doing so. We were not in a position to have the appropriate amendment circulated in time for these meetings. We will come back to it on Report Stage.