Written answers

Tuesday, 18 December 2007

Department of Justice, Equality and Law Reform

Garda Operations

11:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 505: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that it was reported on an RTE production (details supplied) on 10 December 2007 that their investigators were given access to a confidential Garda file on a suspect; and his views on whether the practice of leaking Garda files to the media may jeopardise the success of future criminal proceedings. [35129/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Garda authorities that it is the policy of An Garda Síochána that the overall responsibility for releasing information to the media rests with the Garda Press and Public Relations Office and that members of An Garda Síochána are prohibited, except in specified circumstances, without the authority of the Commissioner from communicating either directly or indirectly with the media or furnishing to the media any matter or thing whatsoever in connection with the investigation of crime, the administration of the Force or any matter which may have come to the member's knowledge in the course of official duties.

The Garda Síochána Acts 2005 to 2007 regulate the disclosure of information obtained by Gardaí in the course of their duties. Section 62 provides that it is an offence for members of An Garda Síochána and other specified individuals to disclose certain information obtained in the course of their duties if they know that such disclosure is likely to have a harmful effect, such as impeding an investigation. This provision is in addition to, and not in substitution for, the provisions of the Official Secrets Act, 1963. I am further informed that the Garda Commissioner has directed that enquiries be made in relation to the alleged disclosure.

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