Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

We must be able to hold lawyers in breach of regulations to account while also protecting the client. The purpose of the original section 17 was to provide protection against the disclosure of confidential information obtained by the authority or its staff in the course of the performance of its functions and make any such disclosure, other than in accordance with the section, a criminal offence. The bar on disclosure of confidential information is subject to some exceptions whereby information may be disclosed to the authority, the Minister or, in certain circumstances, enforcement bodies such as the Garda, the Competition Authority and Revenue, among others.

Amendment No. 29proposes to remove the Minister as a person to whom confidential information may be disclosed, since the Minister has no residual role in the functions of the new authority, which will be independent. Amendments Nos. 28 and 30 provide for the power of the authority to obtain information, the protection of legal professional privilege and confidentiality and the disclosure of confidential information in certain circumstances to certain parties, subject to the protection of any privilege which exists. I reiterate that we are seeking to provide for circumstances where a request is made to a legal practitioner by the authority to provide any information which is required by the authority for the performance of its functions, while, at the same time, protecting a person, other than a legal practitioner, for example, a client, from having to disclose any information or documentation that the person would be entitled to refuse to produce on grounds of legal professional privilege. The provision meets the criteria set out by the Senator. A balance has been struck between the demands that can be made on lawyers in respect of legal privilege and the rights of clients. We have taken extensive legal advice from the Attorney General on providing for balance.