Seán Crowe (Dublin South West, Sinn Fein)
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Question 16: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of Gardaí charged with the offence of disclosure of information under Section 62 of the Garda Síochána Act 2005 since its commencement; and the number of files sent to the Director of Public Prosecutions relating to the offence. [12979/07]

Martin Ferris (Kerry North, Sinn Fein)
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Question 25: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the procedures or protocols in place for ensuring that retired members of An Garda Síochána do not, in their employment, misuse privileged information accessible to them while serving in the force, or access information covered by data protection legislation; and if he will make a statement on the matter. [12983/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 16 and 25.

Section 62 of the Garda Síochána Act 2005 was enacted for the purpose of specifically prohibiting a person who is or was a member of the Garda Síochána or of its civilian staff, from disclosing information obtained in the course of his or her duties. The section provides stiff penalties, fines up to €75,000 and/or up to 7 years imprisonment for conviction on indictment, for persons who contravene its provisions and receive any gift, consideration or advantage as an inducement to disclose any information.

The Deputy will be aware that this provision in its original draft form attracted a considerable degree of public controversy during its passage through the Oireachtas on the grounds that it would be unnecessarily restrictive. However I am satisfied that the provision as enacted struck the right balance and I know that the great majority of members of the force would instinctively cohere with its fundamental policy aspect.

The section came into force on 1 August 2005 and to date there have been no proceedings commenced. In addition to section 62 of the Garda Síochána Act, former Gardaí are also governed by the provisions of the Official Secrets Act and the Data Protection Act.

At an operational level, I understand from the Garda Authorities that members' log-on accounts for the Garda Information System (PULSE/GNIB/FCPS) are disabled upon their retirement. This ensures that they cannot access any of the Garda IT systems.

As an organisation the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Where allegations of unauthorised disclosure are made the Commissioner will not hesitate to take the appropriate action.