Dáil Éireann Debate, Tuesday - 14 February 2017
112. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality her views on members of An Garda Síochána passing information held on Garda databases to private investigator companies; the procedures and guidelines in place to deal with the issuing of licences to operate as a private investigator here; and if she will make a statement on the matter. [7187/17]
Amharc ar fhreagraAs the Deputy is aware, the management of information held by An Garda Síochána, including that held on its databases, is an operational matter for the Garda Síochána. Any unauthorised disclosure of information can seriously impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions. As an organisation, the Garda Síochána takes its responsibility for the control of the information it possesses very seriously.
I would mention that 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 includes for example disclosures which result 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.
In addition, the Garda Síochána (Discipline) Regulations provide that an unauthorised communication in relation to any information which comes to a member of the Garda Síochána's knowledge in the course of his or her duties constitutes a breach of discipline. An “unauthorised communication” means any communication other that a communication made in the execution of his or her duties or authorised by the Commissioner.
It does not matter whether an unauthorised disclosure to a private investigator or anyone else, the provisions above will still apply.
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.
The Private Security Authority, established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of private investigators in the State. I am informed by the Authority that private investigators applying for a licence are required to provide the following standard documentation in support of their application:
- Completed Application Form
- Valid Tax Clearance Certificate
- Completed Garda Vetting Form
- Evidence of attainment of the required Private Security Authority standard which for Private Investigators is PSA 42:2015.
There are currently 129 private investigators licensed by the Authority.
