Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

We are now ranging far and wide and way beyond the confines of the report of the Garda Inspectorate but I will do my best to respond to the Deputy's questions.

I will truthfully say that I do not recall whether or not I had phone conversations with the Garda Commissioner between 10 and 15 March, when I would have gone to Mexico. I certainly did not talk to him from Mexico. I genuinely cannot recall whether I did. Certainly, there are occasions when we would talk about issues. I have no recollection of having a conversation with him about any issue that week but I cannot say that for definite, 100%, because I do not make a note every time some brief matter arises about which we would have conversed. I do not recall talking to him that week but I cannot say that for certain. I cannot say for certain that this issue was never the subject of a conversation between the Garda Commissioner and myself.

Regarding the Data Protection Commission report, as the Deputy quite rightly says, it is a very large report covering a period of years. It praises An Garda Síochána for compliance in some areas. There is also a very important critique of some issues that need to be better addressed and dealt with. The Deputy is absolutely right - as my reading of the report confirms - that there is no reference to this particular issue. Quite clearly, from what we know of the data protection legislation, if one is going to maintain data in the manner in which it appears that data was maintained, it would fall under that legislation.

This, clearly, was not a matter of which the Data Protection Commissioner was aware.

I want to correct a point I made earlier as my official has just clarified it for me. I am advised that the Garda working group is not and was not a working group in the Attorney General’s office but an internal Garda working group. For fear that there is wrong information in that regard, this was an internal Garda working group examining issues relating to the tapes, presumably to get a full handle on the extent of what was happening in so far as there was some uncertainty with An Garda Síochána. I am also advised that there was no member of the Attorney General’s office on the working group either.

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