Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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474. To ask the Minister for Justice and Equality her views on the recent call by the Chief Justice. Ms Susan Denham, for An Garda Síochána to end the practice of the leaking of information by some gardaí to the media relating to criminal investigations they are either conducting or privy to; and the representations she can make to support the call of Chief Justice Denham. [11576/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.

I note the recent comments by the Chief Justice on this subject, and I am absolutely clear in my view that allegations of unauthorised disclosure must be fully investigated.

I understand from the Garda Commissioner that it is the policy of the Garda Síochána that overall responsibility for releasing Garda information to the media rests with the Garda Press and Public Relations Office. Members of the 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 information in connection with the investigation of crime or other official matters.

Any member of the Garda Síochána who leaks information to the media is not only contravening clear Garda policy, but is also contravening the law. It is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclose of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which includes for example disclosures which result in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and/or a maximum fine of €50,000.

Any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.