Catherine Murphy (Kildare North, Social Democrats)
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684. To ask the Minister for Agriculture, Food and the Marine the number of staff in his Department that have had access to files and or email restricted and or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021. [22800/21]

Charlie McConalogue (Donegal, Fianna Fail)
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In the normal course of events, access to Department’s files is based on an officer’s work area within my Department. Any restrictions that apply generally ensure that access to files is confined to officers working in the relevant Division.

In terms of disciplinary processes, where a concern arises about an officer’s conduct, a manager may commence a disciplinary process in accordance with the steps set out in the Civil Service Disciplinary Code.Where the disciplinary process results in the suspension of an officer with or without pay, or the alleged misconduct relates to improper access to files, the officer in question is restricted from accessing files. I should point out that officers will be made aware that disciplinary action is being taken against them and that such a restriction is not usually the primary sanction, unless it is relevant to the alleged conduct in question.

I understand that this scenario has arisen in four cases in the time period in question.

Catherine Murphy (Kildare North, Social Democrats)
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685. To ask the Minister for Agriculture, Food and the Marine if his attention has been drawn to instances in which investigative staff in his Department have had access to records restricted in 2021; the number of active investigations that have court dates due in May and June 2021; and if his attention has been further drawn to the risk these cases may fail in view of the fact special grade Departmental staff do not have access to all of the pertinent information for the upcoming court cases. [22786/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The number of active investigations across the full range of the Department's functions that have Court dates in May and June is 12. The Department takes any risk that cases might fail seriously. To that end, it is important that investigative staff who require any records for the purpose of giving evidence in Court should ensure they identify and request the records in question well in advance of the court date.

While no investigative staff have had access to records restricted in 2021, some staff who might be required to give evidence in court but have moved to new work areas, would have had access to the files of their former work area restricted, as is consistent with best practice in data management and in accordance with GDPR Regulations. In these cases, it is expected that investigators should liaise with the relevant Division to ensure that they are fully prepared for court. This arrangement has operated satisfactorily to date.