Charles Flanagan (Laois, Fine Gael) | Oireachtas source

My amendments, in respect of which Senators were addressing concerns, provide for summary offences under sections 27 and 28 and confine the offences to being dealt with within the District Court, with a maximum fine on conviction of €5,000. That is set out in the Fines Act 2010 and it can be varied by the Oireachtas, should it be deemed necessary. As Senators are aware, the categories of fine are classed A to E. The highest value of fine is class A at €5,000.

It is a question of balance and of ensuring that there is criminal sanction. It was in response to Senator McDowell that I was very keen to ensure that there is a criminal sanction regime in respect of the unauthorised or unlawful disclosure of information. It is important not only to be proportionate but also to be consistent. On the matter of consistency, I point to the approach under section 62, the lesser offence, for example, of canvassing - of making contact with a Senator in order for a favour to be proffered in respect of a particular issue. A person convicted under that section is liable to a class A fine and the question of imprisonment would not apply.

I have given the matter consideration. I have heard Senator McDowell speak on this issue before. I have reflected, but I share the advice given to me to the effect that a summary offence is sufficient and is appropriate for dealing with the breaches of the non-disclosure principles in sections 27 and 28, as amended. I take very seriously the points Senator McDowell makes and the analogies he draws. However, despite his exhortations, I am not convinced that the argument in respect of making such offences punishable by a term of imprisonment on indictment is compelling.

In the context of consistency, I examined other legislation. Section 15 of the Property Services Regulation Act makes it an offence punishable by a class A fine only for disclosed confidential information expressed by the Property Services Regulatory Authority. I know Senator McDowell would probably put his Bar colleagues higher up the pyramid in terms of importance.