Brian Hayes (Fine Gael)

I move amendment No. 4:

In page 5, subsection (1), line 10, after "by him" to insert "for that purpose".

This section deals with the flow of information from the Garda Síochána to the commission, where it requests it. There are grounds for the amendment proposed by the Opposition. As currently worded the Bill could empower any member of the Garda Síochána to give information to the commission, and that would not be a good thing. The amendment proposes that subsection 7(1) be amended to allow that the Commissioner of the Garda Síochána or a member of the Garda designated by the Commissioner "for that purpose may disclose to the Commission any information in the possession of the Garda Síochána which, in the opinion of the Commission, is necessary for performing its functions".

The insertion of the words "for that purpose" designates a member of the force to give information. If information is to be handed over by the gardaí, it is essential that only those members specifically designated for that purpose are empowered to do so. The section as drafted seems to indicate that any member of the Garda who has been designated for any purpose could hand over that information. This matter needs to be clarified and I ask the Minister to respond positively to the amendment, which gives greater certainty as to the person who gives the information than is currently the case.