Michael McDowell (Dublin South East, Progressive Democrats)

Senator Walsh already made it clear that where a first reading of section 7 might give the impression to the casual reader that the disclosure of information was mandatory, it is not. It is discretionary. Therefore, a member of the Garda Síochána would not be in a position to give information which he or she believed was prejudicial to the interests of the State or threatened security, or if he or she had other good grounds for withholding that information. However, as the commission is a body based on confidence and good faith it is hoped that in the vast majority of cases it will seek information to which it is entitled and will treat it accordingly.

There is a question here of what is sauce for the goose being sauce for the gander. We cannot ask that our Act contain provisions for the Garda Síochána which would not be mirrored in the PSNI's activities regarding loyalist paramilitaries, for example. This cuts both ways.

It must also be emphasised that the Garda Síochána, unlike police forces in neighbouring jurisdictions, is also a security service. The Garda Síochána does for Ireland what MI5 and the police forces do for Britain. We must recall that the Garda Síochána is not a regional constabulary but a national security service and, therefore, must be protected by the discretion contained in section7.