The vast majority of members of the Garda Síochána perform their duties to the highest standards. However, as in any organisation of 11,900 members, a small number can abuse the trust placed in them.
The purpose of head 26 is to address serious concerns about unauthorised disclosures of information to the media by a very small number of gardaí. Such disclosures are not acceptable in any professional police service as they can frustrate criminal investigations and prosecutions, lead to a breakdown in the public's confidence and trust and constitute a gross and unnecessary invasion of the privacy of victims of crime. They can also expose the taxpayer to the payment of substantial damages.
My concerns about such disclosures were originally raised by a previous Attorney General, Mr. David Byrne, who is now the EU Commissioner. Mr. Byrne communicated with the previous Garda Commissioner on the matter in 1999. The commissioner for his part indicated that it would be of considerable assistance to the Garda Síochána if the law were strengthened to facilitate the proper investigation of wrongful disclosures of confidential information by applying to such cases the detention provisions of the Criminal Justice Act 1984. That Act provides for the detention and questioning of suspects arrested for offences carrying a penalty of five years imprisonment or more. Representatives of a number of Garda associations have also made it clear that they do not condone unauthorised disclosures of information by members of the Garda Síochána.
It is important that no matter how infrequent the incidence of disclosure of confidential information by individual members of the Garda Síochána, the law must be visibly adequate to the task of deterring or, where it occurs, dealing with such behaviour, especially given the highly confidential and intimate nature of the information held by the force on victims of crime and others. Persons who make statements in confidence to the Garda Síochána concerning their intimate private affairs should not have their privacy violated.
For these reasons I have included in the general scheme of the Garda Síochána Bill 2003 a provision on the prevention of the unauthorised disclosure of confidential information from within the force. In making this proposal, I have made clear that it is not intended in any way to interfere with normal and proper relations between the force and the media. In publishing the general scheme in advance of the finalisation of the Bill itself my aim was to facilitate public debate and consultation. The Deputy was present when the scheme of the Bill was discussed recently by the Joint Committee on Justice, Equality, Defence and Women's Rights. I have received some views from bodies and members of the public directly and I am well aware that head 26 in particular has attracted a significant amount of media attention.
When the general scheme was published I indicated that head 26 was overly widely drawn and would need to be reined in in certain respects. I have indicated in public, and I will answer a supplementary question on this point if the Deputy wishes to know, the circumstances in which I think it should be reduced in its scope.
