Michael McDowell (Independent) | Oireachtas source

This amendment is designed to cure a loophole in the legislation, namely, that the provisions on non-disclosure of the information relating to the appointments process are inadequate and have the effect of rendering some of the information capable of being published. If one looks at sections 29 and 30, the former restricts the revelation of material by a person who is a member of the commission or a committee, the director or a member of staff of the office and creates and offence of divulging that information. Section 30 says it applies to a person who was or is a member of the commission or a committee, or the director or a member of staff. It also prohibits the revelation of material. The problem is if that material finds its way into the hands of any third party, such as The Ditch, The Phoenixor similar, it is not an offence for it to publish same. It is not an offence to publish it outside the State, such as in Northern Ireland, the UK or to give it toPrivate Eye. In that respect the amendment crafted by us simply extends the duty of confidentiality to the world at large and says:

No person shall publish or cause to be made public whether in or outside of the State any matter, information, record or document which is or contains confidential information for the purposes of section 29 or the publication of which by a person to whom section 30 applies would be an offence under that section.

It also provides that a person who commits that offence is liable to the same punishments as those two provisions. If I am a reporter in RTÉ and a file comes onto my desk saying this is what happened at the commission-----