Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I think the Ceann Comhairle left out the word "entertaining" for our guests. Last week, I and other Deputies tabled parliamentary questions to the Tánaiste, as Minister for Justice, Equality and Law Reform, because concerns had been raised with us about the role of gardaí and former gardaí in the car insurance business. On Sunday, the Tánaiste will know that a newspaper claimed to have strong evidence of the extent to which former gardaí, or even serving gardaí, are apparently accessing information about insurance claimants from Garda files and perhaps indeed from Government Departments. I certainly hope this proves to be absolutely without foundation, as one insurance player has strenuously stated.

If this does prove to be the case, however, does the Tánaiste agree it would be in breach of the Data Protection Act and the Official Secrets Act? If it is indeed the case, does the Tánaiste also accept that the real victims are legitimate claimants whose entitlement to proper and full compensation will have been undermined by such actions? We have a responsibility to recognise who the real victims are in this situation. I pose these questions to try to help establish the full facts. As I said, I hope it proves not to be the case but if it does then it will certainly be necessary to take important actions.

In my parliamentary question I asked the Tánaiste what procedures were in place to ensure that retired gardaí do not misuse privileged information accessible to them while serving in the force, or access information covered by the data protection legislation. In his reply, the Tánaiste cited section 62 of the Garda Síochána Act. If he has the information to hand, I would like to know if any serving or former garda has ever been prosecuted under this legislation.

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