Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The purpose of section 27 on confidential information is to provide for the non-disclosure of such information by a member of the commission or the procedures committee or any other committee, by a director, a staff member, a consultant or adviser or any other person who might be engaged under contract by the commission.I want to strengthen this. I am of the view that there may have been something of a lacuna in the original construction of this and an offence of breach of the requirements is merited. In that regard, amendment No. 69 provides for a summary offence in the standard form.

The amendment also provides for disclosure in circumstances where consent in writing of the commission or the director is at issue or disclosure may be required by law or in circumstances provided for in subsection (3). The circumstances are where disclosure of information is required to a member of the Garda Síochána or any other person, whether within the State or otherwise, charged with the detection or investigation of an offence.

On amendment No. 71, the section provides for the confidentiality of certain proceedings and other matters in respect of the business of the commission and the committees attached thereto in respect of the removal of a member of the commission. That applies to a similar category of persons as under section 27. Similar to my amendment to section 27, amendment No. 71 seeks to clarify where exclusions to the disclosure prohibition might apply in respect of proceedings, etc. As with the previous amendment, this will provide for an offence for contravention of the disclosure prohibition on summary conviction. As before, I do not see a requirement to apply an indictable offence, which would attract a class A fine or imprisonment for a term not exceeding 12 months.

I ask Senators to support the four linked amendments. I acknowledge the earlier contribution of Senator McDowell on this issue. I was interested to follow up on issues raised by the Senator on Second Stage because they were important. I hope the amendments receive the support of the House at this stage.