Brendan Howlin (Wexford, Labour)
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Question 153: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the basis on which a memorandum of understanding was concluded between An Garda Síochána and one motor insurance company (details supplied); if the public was made aware of the existence of such a memorandum; if any other insurance company was offered a similar arrangement; the way the accrued savings of €10,000 to the Gardaí arose; and if he will make a statement on the matter. [13939/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information sought by the Deputy is being compiled by the Garda authorities. When the information is to hand I will write to the Deputy.

Brendan Howlin (Wexford, Labour)
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Question 154: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to a newspaper report (details supplied) in which it is claimed that an insurance company had been using former and serving gardaí to negotiate early settlement of motor insurance claims and that these former and serving gardaí had the ability to access, source and relay detailed information on road traffic accidents through the Garda computer system and records; if an investigation has been held or is planned into these claims; the steps he is taking to ensure the confidentiality of records in the Garda computer system; and if he will make a statement on the matter. [13940/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can confirm that the Garda Commissioner has appointed a senior officer at Assistant Commissioner level to investigate these allegations and the Garda Síochána would welcome the receipt of any information that would assist the investigation.

The Commissioner takes his responsibility to safeguard information in the possession of the Gardaí very seriously and every allegation such as this has to be investigated. Anyone found to have been in dereliction of their duty in this regard will be subject to the full rigours of the law.

Serving and former members of the Force are subject to the prohibition on the disclosure of information contained in the Garda Síochána Act 2005. Section 62 of that Act 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. These penalties are severe and I believe will act as a real deterrent and cause people to think twice before they consider releasing such information. The 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 section as enacted strikes the right balance and I know that the great majority of members of the force would instinctively support its fundamental policy aspect.

In addition to section 62 of the Garda Síochána Act, serving and former Gardaí are also governed by the provisions of the Official Secrets Act and the Data Protection Acts.

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.