Vol. 448 No. 7
10 Ms O'Donnell asked the Minister for Justice if she will comment on a directive on confidential information issued by the Garda Commissioner early in 1993 which states that all gardaí must divulge the sources of their information to a chief superintendent if the Commissioner so directs; the way in which this directive came about; if it marks a change in police methods; and if she will make a statement on the matter. [2879/95]
15 Ms O'Donnell asked the Minister for Justice if she will comment on a directive on confidential information which was issued by the Garda Commissioner in early 1993 which states that all gardaí must divulge the sources of their information to a chief superintendent if the Commissioner so directs; the way in which this directive came about; if it marks a change in police methods; and if she will make a statement on the matter. [2817/95]
I propose to take Questions Nos. 10 and 15 together.
I am anxious to give the Deputy as much information as I reasonably can about the circular to which she refers. I am under certain constraints, however, one of which is that the issue of this circular is the subject of High Court judicial review, now listed for hearing on 16 February. I am sure the Deputy will understand that, in the circumstances, there is a limit to what I can say.
The circular was issued by the Garda Commissioner on foot of legal advice he had received. That advice was to the effect that it was an integral element of the direction and control of the Garda Síochána, which is vested in the Commissioner under section 8 of the Police Forces Amalgamation Act, 1925, that disclosure of sources should be made to a senior officer of the Garda Síochána of the very limited nature provided for in the circular.
The particular circumstances which gave rise to the issue of the circular will be outlined to the court and it would be wholly improper for me to outline those circumstances in advance of the court proceedings. I can say, however, that the central issue was that of accountability of Garda investigating officers in criminal cases. I think it important also to stress that the circular had and was intended to have quite limited effect — there is no question of disclosure of sources to a senior officer being demanded in the normal course of events.
If I am in a position, following the court proceedings, to give the Deputy more information, I shall be glad to do so.
When commenting on the Brinks-Allied surveillance and intelligence the Minister said that good intelligence is the life blood of all police work. Does she agree that this directive will mean that police informers can no longer be given the anonymity which they have grown to expect and which is essential to the relationship between detective gardaí and police informers? Is there any connection between the issuing of this directive and a case involving the threatened dismissal of two detective gardaí from the drug squad which is pending?
I agree with the Deputy that great care must be taken in respect of confidentiality in the relationship between an informant and a member of the Garda Síochána. A breach of this confidentiality through carelessness or any other way could cause quite serious repercussions to both the gardaí involved and the informer.
As I understand this circular, it is of very limited nature and was introduced by the commissioner only after legal advice. I do not think it is appropriate for me to answer the second part of the Deputy's question because of the judicial review that is coming up but if after the judicial review I can give further clarification, I will certainly do so.
I am anxious to dispose of questions within the time limit available. Will Deputy O'Donnell and other Members be brief and co-operate with me?
Yes. Does the Minister agree that as a general principle any impediment to giving confidential information to the Garda Síochána is against the public interest and will she honour her commitment, given to me today, that following the adjudication of the matters to which she has referred, she will come into this House and give a detailed statement on the facts surrounding the issuing of this directive and as to whether it applies only to one case or to cases in general?
I too agree that great care should be taken in regard to the confidentiality of information that the gardaí get from informants. It is part and parcel of good police work that the system exists and I will reiterate what I said in my first reply that I will come into the House. The Deputy has ways of bringing me back into the House through questions to give any further information I can on this case.
