Alan Shatter (Dublin South, Fine Gael)
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Question 3: To ask the Minister for Justice and Law Reform the circumstances which resulted in a Garda file containing documentation relating to an investigation into an alleged criminal gang being left by a member of An Garda Síochána on a premises (details supplied); the length of time the file remained on the premises; the action taken by An Garda Síochána to recover the file and in respect of the member of An Garda Síochána who abandoned the file on the premises; the steps taken if any to ensure all such files are properly secured so that such an incident can never again be repeated [35527/10]

Dermot Ahern (Louth, Fianna Fail)
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I understand from the Garda Commissioner that, in the course of preparing a comprehensive investigation file into the criminal activities of an organised criminal group for consideration by the DPP, a small but nonetheless important portion of the investigation file was brought under gardaí supervision to the premises in question.

During the course of the gardaí visit to the premises, and while a designated member of staff was dealing with the printing request, members of the Garda Síochána became aware that this person communicated with a third party without the consent of the Garda Síochána. The gardaí present on the premises took immediate action to eliminate any risk of further exposure of this portion of the Garda investigation file.

The involvement of the designated member of staff with the third party in this matter is the subject of a continuing Garda investigation, and it would be inappropriate to comment further on this at this time. While the Commissioner is satisfied that the members of the Garda Síochána concerned acted in good faith in this matter, he is taking all steps necessary to avoid any recurrence of such an incident, including the issuing of a Garda Headquarters directive instructing members on the appropriate measures to be taken in compiling investigation files.

Alan Shatter (Dublin South, Fine Gael)
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Could the Minister confirm that the file was taken to a premises called Read's Print and Design on Nassau Street? Could he clarify why the file was taken there? Is he suggesting to the House it was deliberately taken there by a group of gardaí to have the file photocopied or was it simply absent mindedly left in the shop and subsequently the gardaí raided the shop to get it back?

Dermot Ahern (Louth, Fianna Fail)
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I do not want to go into specific details of the premises because a criminal investigation is ongoing. It is safe to say the gardaí involved in the preparation of the file for the DPP decided to bring it to an outside printing operation. That was not done because of a lack of resources, the gardaí have a full printing and photocopying capability in the office, but a decision was made for operational reasons. This will not happen again because the Garda Commissioner has issued a directive that all future printing of these files, except in exceptional circumstances where the Garda premises does not have the proper capability, will be carried out in-house.

Alan Shatter (Dublin South, Fine Gael)
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Will the Minister confirm this event involved members of the Garda Organised Crime Unit, a unit that is supposed to investigate gangland crime? Could he confirm the file was being prepared for furnishing to the Director of Public Prosecutions and that there is a public need to maintain confidentiality on such files? Will he clarify how, in any circumstances, any garda could have regarded it as appropriate to bring the file to a public shop to have pages photocopied by staff in that shop? Could the Minister finally agree that with the difficulties we have with gangland crime, and the extent of the collapse of law and order and the number of people shot on our streets, it is an extraordinary example of complete incompetence that this occurred? What is the Minister doing to ensure this is not repeated? Have the people involved been disciplined in any way?

Dermot Ahern (Louth, Fianna Fail)
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The Garda Commissioner has issued a directive to ensure this does not happen again. Clearly there was an element of human error in this.

Alan Shatter (Dublin South, Fine Gael)
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It is more like the Keystone Cops, it is extraordinary.

Dermot Ahern (Louth, Fianna Fail)
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The Garda Commissioner is satisfied the members involved acted in good faith and it was a human error. I can say categorically that this will never happen again. Those involved are now wiser. It was not just a matter of photocopying because the Garda Síochána has such facilities, it was to present the file in a better format for presentation to the DPP. This file was not left on the premises, it was under the custody of the gardaí who noticed a member of staff of the premises communicating with a third party and immediately the gardaí intervened and took back the file. The Garda Commissioner has ensured by the directive he issued that this will not happen again.

Alan Shatter (Dublin South, Fine Gael)
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It is scandalous and it happened on the Minister's watch.