Dáil Éireann debate -
Thursday, 25 Nov 1993

Vol. 436 No. 3

Written Answers. - Garda Investigations.

Proinsias De Rossa

Question:

29 Proinsias De Rossa asked the Minister for Justice the investigation that has been held into allegations that a statement made by a person (details supplied) in County Armagh to the gardaí in Castleblayney, County Monaghan, on 9 July 1991, was disclosed to the legal representatives of a person against whom the complainant was taking a civil action; the outcome, if any, of any such investigation; the action, if any, taken as a result; the regulations or guidelines regarding the disclosure of such statements; and if she will make a statement on the matter.

Minister for Justice (Mrs. Geoghegan-Quinn)

A full investigation was carried out by the Garda authorities, as a result of a letter received by my predecessor in August, 1992, into the matter referred to by the Deputy. The result of this investigation was that there was no evidence to suggest that members of the Garda Síochána had made any unofficial disclosure in relation to the statement. The facts disclosed in the investigation did not warrant that any disciplinary action should be taken against any member of the Garda.

In so far as the disclosure of official documents such as Garda reports, statements, etc., are concerned, it is a general principle in law that such documents are privileged and, as such, a copy of a Garda report, or a statement made to gardaí in a case, could only be disclosed if a court were to rule accordingly.