Seanad debates

Friday, 17 December 2004

Garda Síochána Bill 2004: Report and Final Stages.

 

3:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

This was discussed and opposed on Committee Stage. I have not changed my mind on it. The Minister of State tendered the reasons at that time. There is no similar provision in the Northern Ireland Act of 1998 in regard to the Northern Ireland Police Ombudsman and I am told one is not planned. I do not believe it is strictly necessary to make provision of the kind in question.

Section 55 states that a member, or person to whom it applies, shall not disclose in or outside the State any information obtained in carrying out his or her duties. Section 55 (40)(e) and (f) allow the disclosure of information where it is authorised by the Garda Commissioner or otherwise authorised by law. It is difficult to imagine a situation in which the Garda Commissioner would withhold such information from a person in those circumstances. However, there could be cases where the Garda Commissioner would have good reason to say that information must be withheld from an outside body for some other purpose. I do not wish to create a situation in which a member of the Garda, insisting on disclosing information, which would be strange, would subvert the Commissioner's authority in this matter.

Sections 55 and 73 deal with information which has a harmful effect, which is the crucial element. If the disclosure of information is not harmful then it does not apply. As to whether something has a harmful effect, in dealings with bodies outside the country the Commissioner's authority has to be upheld in this matter. He cannot say this would be dreadfully harmful but Sergeant McDowell could say he does not agree and he will do so anyway. That would not be an acceptable arrangement, which is why I am not keen on the amendment.

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