Dáil Éireann Debate, Thursday - 19 November 2015
131. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will investigate the litany of leaks regarding sensitive Garda Síochána criminal investigations to national media outlets; and if she will make a statement on the matter. [40917/15]
View answerThere are in place statutory prohibitions on the unlawful or unauthorised disclosure of information which apply generally to public servants as well as specific prohibitions which apply to members of An Garda Síochána.
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 disclosure 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 include, for example, a disclosure which results in the identification of a person whose identity is not at the time of the disclosure a matter of public knowledge or which results 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.
I am informed by the Garda authorities that An 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 as well as being unfair to individuals.
As the Deputy is aware I, as Minister, have no investigative functions. There are independent statutory agencies who are empowered to carry out such investigations.
In that context it is worth stating that 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.
