Alan Shatter (Dublin South, Fine Gael)

I am aware of the article to which the Deputy refers. It is worth stating that in regard to the section 19 offence and the Act in general, investigations and prosecutions will be subject to the exercise of discretion in the usual way by the Garda Síochána as to the appropriateness of such investigation and prosecution. In addition, an important safeguard in regard to the usage of the Act in section 19 in particular is that a direction by the Director of Public Prosecutions will be required before a prosecution under that section can proceed. This is the same situation as exists in regard to the similar offence of withholding information under section 9 of the Offences Against the State (Amendment) Act 1998 where the power to prosecute under that provision is used only occasionally and where required.

I believe the manner in which we dealt with the provisions in this Act and the extensive application open to it in regard to serious offences is of considerable importance. In the context of dealing with illegal conduct of a criminal nature in the area of what may be either fraud or theft - there can be a crossover of the boundaries between the two - unnecessary difficulties could arise both in the conduct of an investigation and in gaining access to important documentation and information, had theft been excluded from the ambit of the Act. I am satisfied it was necessary to include it and it was the wish of the Garda Síochána that it be included.

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