Jim Walsh (Fianna Fail)

This issue was the subject of lengthy debate during our previous discussion of the Bill. Everybody wants to see a situation where investigations by the ombudsman commission can not in any way be thwarted by the concealment of documents. One hopes such concealment does not happen but it is a possibility. On the other hand, we must balance this with the necessity of ensuring State security. The Minister gave one example in this regard and there are others that could be given.

One solution might be to devise a system in regulations or otherwise whereby a chief superintendent is obliged to certify to the ombudsman commission that he or she is satisfied that any area declared off bounds to the commission does not contain any information relevant to its investigation. Furthermore, the non-disclosure of any relevant information, for whatever reason, should also be certified and a false certification should be an offence warranting dismissal. I am not sure how often investigations necessitate the searching of stations. One hopes it does not arise frequently. The solution I have suggested may be one way of building an additional safeguard into the regulations.