Joanna Tuffy (Labour)

The provision is improved by the stipulation that the Minister should have to issue directions specifying the part of a document storage facility or Garda station that may be searched. However, the wording of the provision is somewhat confusing. My understanding of the original provision was that the Minister could allow an entire document storage facility to be searched and that directions were issued to place limitations in this regard. The new provision implies the Minister can make decisions about only part of a document storage facility. On the other hand, one could argue that the definition of "part" also includes "all". I pick up on these types of issues because I studied English in college.

This is a provision that may need to be reviewed. I acknowledge the points the Minister made about the difficulties in regard to outsiders accessing documents. The most important aspect of the ombudsman commission is that it is supposed to consist of trusted officials. The members are not outsiders but representatives of the people. I accept the Minister's point about the issues in regard to members of outside forces being seconded to the Garda Síochána and having sight of documents. However, this could be addressed without allowing these provisions to go as far as they do.

Senator Walsh's suggestion that Garda superintendents should certify that there is no information in which the ombudsman commission has an interest is inadequate. The purpose of the ombudsman commission is to investigate the working of the Garda and maladministration therein. Its members cannot necessarily accept the word of any garda, regardless of rank.

In regard to the security situation, one must consider recent events in Donegal. All the material examined by the Morris tribunal in its first module, which examined the planting of explosives and so on, came under the heading of so-called State security. The point that it could be abused has been made by everybody. It needs to be reviewed in the future. It will be part of the legislation now but it will have to be revisited.