Dáil debates

Tuesday, 21 May 2013

5:05 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

No. The decision to table this proposition is a pre-emptive strike to prevent a situation in which the Minister for Justice and Equality, Deputy Shatter, would come into the House to be specifically examined about his behaviour in releasing private information supplied to him by An Garda Síochána on the public airwaves to undermine a political opponent. Members on this side of the House tabled several private notice questions and special notice questions because they were anxious that the Minister clarify this issue alone, not the wider issue of the report on the alleged cancellation of fixed notice charges. The core issue that many Deputies, particularly the Opposition spokespersons on justice want to put to the Minister is his unacceptable behaviour in publicising such private information. I understand he already faces two inquiries, one under the Standards in Public Office Act, the other on whether he is in breach of the Data Protection Act. These are very serious issues. The special notice questions that were tabled on that specific issue should have been allowed today. That is where the focus should be. What will happen later, when there are four speeches of ten minutes each and a 20 minute question and answer session, will be an attempt to subsume that key issue into a wider set of issues and to let the Minister off the hook. That is the gambit or parliamentary ploy that is being used by putting this proposition before us.

These are very serious issues. Under the Garda Síochána Act 2005 if a garda passed the kind of information that the Minister has to the media or other places he or she would be fined €50,000 or would be imprisoned for six months under the provisions of section 62(5) of the Act. The Minister for Justice and Equality can boldly ignore such rules and do what he likes with private information supplied to him. That is unacceptable. The Taoiseach's endorsement of him, his own behaviour and the Taoiseach's failure to state whether he believes he was right or wrong is equally unacceptable. The Garda Commissioner indicated to the Oireachtas Joint Committee on Justice, Defence and Equality last week that the report to be discussed today could very well be referred to the Garda Ombudsman for further inquiry and investigation by any individual who may wish to do so.

It might be premature to be discussing its content. In the final analysis, what Deputies require today is a very specific and focused question and answer session with the Minister on his decision to release private information on Deputy Mick Wallace in the course of a debate with him with the set purpose of undermining him.

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