Michael McDowell (Independent) | Oireachtas source

It is simply wrong to suggest that I have some problem with the existence of a summary jurisdiction to deal with this. I have said plainly, and I will say it now on the record of this House, that I have no such problem in the case of minor offences. If it is a minor offence, I have no problem with it being dealt with summarily but the consequence of saying that is the only way in which it can be dealt with is that if gardaí arrive at someone's door to investigate an alleged leak, that person can simply say he or she is busy this evening, has dinner inside and does not propose to make any statement in respect of the inquiries, before asking the gardaí to go away or deal with his or her solicitors. That is the door slammed in the faces of the gardaí. In the abortion case to which I referred the Commissioner found himself in that position. I should just say this because everybody should know about it and I do not think I am revealing anything that should not be revealed. The Garda had a suspect at the time and even had a place in mind for where the file had been handed over. It had no evidence, however, unless it could interview the member of Garda Síochána who was suspected of leaking and the journalist to whom it was suspected the garda had leaked. The Garda had a very clear picture, however, of whom had been involved in this offence and of when it occurred, down to the very day. The gardaí involved were very clear in their minds about what they were dealing with but they ran into a brick wall because they had no power of arrest or investigation. They were told to get lost by the people involved and they had to get lost.