Seanad debates

Wednesday, 24 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I see. I think there is a danger if Senator McDowell's or the Minister's amendment was not accepted and this one was accepted that we would then be exempting hired hacks, which I do not think would be intended at all. I am very grateful to Senator McDowell for that explanation, which clears things up a bit.

I will forget amendment No. 68. Subsection 3 of amendment No. 69, a Government amendment, reads:

Nothing in subsection (1) shall prevent the disclosure of information, in accordance with law, 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.

The gardaí are notoriously leaky. What on earth is to stop them? The gardaí have leaked information about cases on many occasions. This is a regular feature of life. We know that. I think in some cases they are paid for it. It states it will be all right for them to disclose "to a member of the Garda Síochána or any other person, whether within the State or otherwise". That seems very broad to me. One could be letting the CIA know about these matters. It also concerns me that this qualification is not contained in the Government's amendment No. 71, where it states in subsection 4:

Nothing in subsection (2) shall prevent the disclosure of information, in accordance with law, to a member of the Garda Síochána or any other person, whether within the State or otherwise

I did not notice that bit. It follows the first amendment fully.

With regard to both Senator McDowell's and the Government's amendments, it strikes me that a term of imprisonment not exceeding five years is a pretty hefty sanction.I speak as somebody who is against the use of prisons for these sorts of offences because they are a waste of money. Why should I, as a taxpayer, pay to have somebody incarcerated for leaking information about a judicial appointment? I do not want to, it is nonsense and it does not do any good. When somebody is stuffed into a prison for five years, he or she is not likely to come out as a good citizen and he or she will cost the taxpayer a hell of an amount of money. I will leave it to Senator McDowell.

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