Michael McDowell (Dublin South East, Progressive Democrats)

The problem is who would judge there are exceptional and overriding public interests in all the circumstances. If the right to invoke that defence is given to individuals, would it be an objective or subjective test? For example, a person may strongly believe that paedophiles should be exposed and may come across a particular case which he or she considered most horrific. The person could then give the file to a newspaper. That is not the appropriate way to deal with such a problem. With 166 Deputies and 60 Senators, the chances of a compelling matter of public interest not being disclosed is extremely remote. Members of both Houses are traditionally vigilant. If pressed with any credible information on a matter which should be brought into the public domain, the chances of them turning it down are small. There are also other persons and bodies to whom such information can be brought. There would have to a massive conspiracy by everyone in public life to suppress such a matter. In these circumstances, providing such a flexible route in allowing a member of the force to disclose a matter of overriding public interest is not justified.