Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Senators will be aware that when the Bill was first published, the provision which allowed for imprisonment where there had been unauthorised disclosure of evidence given in a private hearing was the subject of some criticism in the Houses and across society. Having regard to the earlier debate we had on the role and function of prison, I have taken on board the fact that a penalty of this nature may be regarded as disproportionate in the circumstances. Accordingly, I am proposing that the penalty available where such disclosure has taken place should be a monetary one. The fine proposed is that contained in the Bill, as it stands, namely, a fine not exceeding €5,000. I hope Senators will agree that this represents an adequate and appropriate sanction to address those cases where the confidentiality requirements of section 69 have been breached.