Brian Hayes (Fine Gael)

I move amendment No. 28:

In page 46, between lines 23 and 24 to insert the following:

"72.—Notwithstanding sections 55 and 73, the exchange of any type of information or other form of co-operation between -

(a) the Garda Commissioner or any member of the Garda Síochána and the Ombudsman Commission,

(b) The Garda Commissioner or any member of the Garda Síochána and the Inspectorate,

(c) the Ombudsman Commission and a comparable body outside the State,

made in the course of, and in accordance with, the duties of that person's office, shall not be an offence.".

Unfortunately I was not in the House to discuss this matter on Committee Stage. Will the Minister examine this issue? Where a complaint is made to the inspectorate, the assumption is that the complaint would always be about members of the force in this jurisdiction. However, it could happen and, in fact, did happen in this jurisdiction some years ago — although I accept it is an exceptional case — that there may well be a situation where information could be given to the appropriate investigating authority in another jurisdiction. When I met the Police Ombudsman for Northern Ireland, I was informed that in the case of incidents occurring on the Border she did not believe she had a legal right to obtain information from the Garda Síochána because she is not a member of a police force but another body. I seek to make it possible for the inspectorate that will be established following the enactment of the Bill to answer queries from responsible agencies in other jurisdictions that are investigating matters. One might say there is no situation in which that would happen. However, it could happen, for instance that two officers in two forces in two different jurisdictions were involved in something dubious. We should ensure that the exchange of necessary information would be possible between the investigating agencies in both jurisdictions.

I will not press the amendment but I urge the Minister to examine this matter. Is he absolutely certain that at present information can be given between the Garda Síochána and the Police Ombudsman for Northern Ireland and, equally, that when the Bill is enacted that will be the case between the inspectorate here and other police agencies, most notably the PSNI? In the past there have been cases of serious complaint made against officers in other jurisdictions which may well have an impact on this jurisdiction. There was a famous case in Roscommon, the Dowra case, whereby an allegation was made against an officer from another police authority in respect of actions that person took. We should not hamper possible investigations occurring on a cross-Border level. That is why I think there needs to be provision for this.