Eoghan Murphy (Dublin South East, Fine Gael)
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Question 138: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that Index on Censorship has highly criticised the 2005 Garda Síochána Act; and if he will make a statement on the matter. [26055/12]

Alan Shatter (Dublin South, Fine Gael)
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Criticisms of the Garda Síochána Act 2005 by the Index on Censorship organisation have been reported in the media recently. The purpose of Section 62 of the Garda Síochána Act 2005 is to prohibit a person who is or was a member of the Garda Síochána, or of its civilian staff, from making unauthorised disclosure of information obtained in the course of his or her duties. The section provides stiff penalties for persons who contravene its provisions, particularly where the person receives any gift, consideration or advantage as an inducement to disclose information. In such cases, fines up to €75,000 and/or up to 7 years imprisonment for conviction on indictment can be imposed.

As an organisation the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions. Where allegations of unauthorised disclosure arise they must be fully investigated and I support the Garda Commissioner in this.

I don't accept that this provision is unnecessarily restrictive. I am satisfied that it strikes the right balance and I know that the great majority of members of the force and the general public would instinctively support the underlying fundamental policy aspect of the legislation.