Vol. 456 No. 3
9 Mr. M. McDowell asked the Minister for Justice the number of persons that have been charged with unauthorised handling of official information under the Official Secrets Act in each of the last three years; and if she will make a statement on the matter. [13805/95]
I am informed by the Garda authorities that a total of two prosecutions in respect of unauthorised communication of official information has been brought in the past three years under the Official Secrets Act, 1963. As both prosecutions are currently before the courts, the House will appreciate that I am constrained in what I can say about them.
I am not similarly constrained. With regard to one of the cases before the courts, how does the Minister feel such prosecutions against journalists can be equated with the Government's stated commitment to a review of the Official Secrets Act and the introduction of a freedom of information Bill?
What has been the response of the Department of Justice to the memorandum seeking submissions from the Government Departments on the long-promised freedom of information Bill and the review of the Official Secrets Act?
I will be happy to answer a question on the freedom of information Bill if one is put down, but it is not a matter included in this question. I am constrained in what I can say about the two cases before the courts. The charges involved relate to alleged unauthorised communication of official information contrary to sections 4 (1) and 13 of the Official Secrets Act. The question of whether to take a prosecution is a matter for the Garda and not for me or the Government. There is no conflict, therefore, with what the Government may say. As the Deputy knows, it is a matter for the Garda to prepare a case and approach the DPP if necessary.
With regard to the freedom of information Bill the Deputy might put down a separate question. The discussions between my Department and the other relevant Department in that matter are ongoing.
Is the Minister saying she has no view as to whether it might be considered a vindictive act to take a prosecution against a journalist for making public a document which seriously embarrassed the Government and the Garda in relation to the Allied Brinks robbery? The document indicated the Garda had information of a planned robbery at the Allied Brinks premises. Could it not be said that to take such a prosecution against a journalist——
That appears to be outside the scope of this question.
——flies in the face of this Government's commitment to freedom of information and a review of the Official Secrets Act?
I can only repeat what I said. I am constrained in what I can say in answering Deputy O'Donnell's question, in that my answer may not confirm or deny whether the case to which she refers is one of the two cases. If the Deputy wishes to imply that I or the Government demanded that the Garda take a prosecution in this or any other case, that is not so. Because a prosecution is pending or a case is being taken she is trying to draw an inference that it has something to do with us. It is purely a matter for the Garda and those who feel they have been wronged to take such a case. It has nothing to do with the Government being open, transparent and accountable — which it is — because the prosecution and judicial processes are independent of Government.
This question is in respect of the number of persons charged.
There are only two——
Yes.
——and one of them is the person to whom I refer. Did the gardaí pressurise for the prosecution of Ms Liz Allen and Independent Newspapers or was the matter decided by the DPP?
I am constrained in any answer I might give about cases currently before the court.
