Vol. 438 No. 3
4 Mr. J. Bruton asked the Minister for Justice if her attention has been drawn to the identity of the person who leaked the document published in the Irish Press concerning Anglo-Irish negotiations; the action, if any, she is taking in the matter; and if her inquiries include persons not covered by the Officials Secrets Act.
17 Mr. J. Bruton asked the Minister for Justice the position in regard to the leak of a document prepared by the Department of Foreign Affairs in relation to possible future negotiations in regard to Northern Ireland; and if she has satisfied herself that all necessary steps have been taken to obtain the necessary information from those who are in possession of the document.
52 Miss Harney asked the Minister for Justice if the inquiry into the leak of the Draft Joint Working Paper on Northern Ireland has been concluded; its findings to date; and the action, if any, proposed to be taken on the matter.
63 Mr. O'Malley asked the Minister for Justice whether the Garda investigation into the alleged leaking of a Government document on Northern Ireland policy has been completed.
73 Mr. J. Bruton asked the Minister for Justice the position in regard to the leak to the Irish Press of a document concerning Anglo-Irish negotiations that had been the subject of a Garda investigation.
74 Proinsias De Rossa asked the Minister for Justice the progress, if any, that has been made with regard to the leaking to the Irish Press newspaper of a document entitled Irish Draft Joint Working Paper; if the investigation has now been concluded; the outcome of the investigation; and if she will make a statement on the matter.
I propose to take Questions Nos. 4, 17, 52, 63, 73 and 74 together. I am informed by the Garda authorities that this matter has been the subject of a thorough Garda investigation and that a file has been submitted to the Director of Public Prosecutions for decision. The House will appreciate that in the circumstances it would not be appropriate for me to make any further comment on the matter at this stage.
Does the Minister believe that the newspaper in question acted in the national interest or otherwise in publishing this document? What procedures have been adopted to ensure that there is no recurrence of this kind of leak, which is extremely serious?
Like all members of the Government, I view the publication of this document as an extremely serious matter. A full investigation has taken place and the file has been sent to the Director of Public Prosecutions. It will be a matter for him to make decisions based on the recommendations in the file.
As regards the action which has been taken, every possible action which can be taken within each Government Department to try to ensure that such Government or departmental documentation does not fall into the hands of people other than of those immediately concerned has been taken and will continue to be taken. As the Deputy, a former Government Minister, will know, it may happen from time to time that not every piece of Government documentation remains as confidential as it should. All we can do is condemn any leakage of that kind of documentation by anybody either within the Civil Service or outside.
Would the Minister consider it useful to extend the Official Secrets Act to include Ministers, in view of the fact that Ministers who leak documents are not in breach of any law at present and that any strictures which apply in regard to the confidentiality of documents of this sensitivity should not apply solely to temporary, part-time or full-time public servants but also to Ministers?
The Deputy is injecting new matter into the question.
No, Sir, I am concerning myself with the procedures to avoid leaks.
It is worthy of a separate question.
I reject the inference in the Deputy's supplementary that in some way a Minister was responsible for leaking the document in this case. It would be a matter of the gravest concern to any Taoiseach that a member of his or her Cabinet would in some way be responsible for the leakage of Government documentation.
Let us come to Question No. 5, please.
Is it——
It has to be a brief question, Deputy. I want to dispose of the remaining Priority Question.
Without making any inference, is the Minister aware that Ministers are not bound by the Official Secrets Act?
That is a separate matter. I call Question No. 5.
