Jim Walsh (Fianna Fail)

I broadly support the thrust of this new chapter.

Under section 35(1), a garda must account for any act done or omission made while on duty when directed to do so by an officer of higher rank. While I understand this may not cover informers, I am concerned because the Morris report addressed that area at considerable length. I am not sure that I agree with all the conclusions it made. In general, where gardaí are involved with informers, they will require a lot of discretion and confidentiality. In terms of the fight against paramilitaries and organised crime, an informer, who may face the sanction of death upon discovery, would be slow to co-operate unless absolute trust existed within the system. That would entail confidentiality. I cannot conceive of a situation where an informer would be happy to co-operate with a garda if he or she felt that anybody up the line could access the information or that his or her identity could be disclosed. We need to be careful that, because of the abuse in Donegal, we do not go the other way by creating problems in getting information and in policing effectively, which this is ultimately about. The Minister might state whether actions taken on foot of information from an informer might have implications in terms of this section.

With regard to the Secretary General securing documents, that is a far-reaching provision and I presume it will be reviewed in light of experience. I support it with caveats because, having sat through the hearings on the Dublin-Monaghan bombings, I did not accept the proposition put forward by the then Ministers and senior Department officials that the Department was so removed from what was happening in the Garda that it could not determine whether the investigation was continuing. That is ludicrous. I welcome the change but note that this will facilitate any future hearings by the Joint Committee on Justice, Equality, Defence and Women's Rights or any other Oireachtas committee, in that the Department will not be able to hide behind such a situation or claim that information is not in its possession. I see implications in this for the Department. Positive and negative elements exist. It will need to be examined in light of experience.

I have a further question regarding section 42(7) which states: "Any information, document or thing provided by a member of the Garda Síochána in accordance with a requirement under subsection (4) is not admissible in any criminal proceedings against the member and this shall be explained to the member in ordinary language by the appointed person". I wonder whether this may compromise any subsequent prosecution. If somebody committed a criminal offence and the document could otherwise be secured through the investigation, I would hate to think that this provision could thwart the effective prosecution of the case. Somebody could escape the full rigours of the law when he or she should have been brought to account by the courts. I have concerns on this and the Minister might comment.