Tim O'Malley (Limerick East, Progressive Democrats)

I am not prepared to accept this amendment and, in any event, I am unclear as to the intent behind it. The main focus of the provisions of sections 55 and 73 is on the offence of disclosure of information to third parties, which might have a harmful effect. A range of penalties is provided for, depending on the circumstances relating to the illegal disclosure. There is no suggestion in these provisions that what might be regarded as routine, day-to-day exchanges of information, or other forms of co-operation with the Garda Commissioner or members of the force and the ombudsman commission, or the inspectorate, might be construed as offences.

In addition, I would be concerned if the provisions of section 73 could be put aside for the purpose of the ombudsman commission providing information which might have a harmful effect to comparable bodies outside the State. Such a provision could undermine the confidentiality provisions in the Bill.