Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I refer to the points I made earlier in reply to Senators McDowell and Craughwell when they spoke about the criminal sanctions that might be available to the State in the event of there being an unlawful disclosure or breach. My overriding concerns are proportionality and consistency. However, I acknowledge the strong submissions from the Senators and I will reflect on them between now and Report Stage, but I believe in a consistent approach to these issues not just for this legislation but having regard to other broadly similar legislative measures across the public service. It is important that we be consistent, but I will examine it. This was a major point made by Senator McDowell on Second Stage and I said I would examine it in discussions with officials and in reference to the Attorney General The Senators are still not satisfied but I will examine it to see if we can move matters closer towards a meeting of minds. However, I will not go back over section 11 because it does not serve our time well here. These decisions have been taken by the Seanad.

Finally, regarding the point made again by Senator Norris, amendment No. 66 covers any person who is privy to confidential information. This is catered for under section 27. The reference to "director only" in amendment No. 66 simply reflects the fact that it is only the director, not another member of the staff, who could be delegated the function of consenting to a disclosure, that being considered either appropriate or necessary. I ask the Senators to move on, particularly in view of what I have said in respect of the sanctions. Otherwise we will find ourselves in a situation where we will lack capacity to make progress on the Bill. This is an important Bill and that is why I am keen to vent this issue fully in the Seanad and to listen to Senators who have constructive suggestions and important contributions to bring to bear.

I will reflect on the issue of the summary and indictable between now and Report Stage. It must be said, however, that the case cited by Senator McDowell is exceptional. It was something of a one-off, but I will reflect on it.