THE EQUALITY Authority asked the Garda to investigate a complaint that the secretary general of the Department of Justice may have committed an offence by disclosing information acquired in the course of the investigation of a complaint of discrimination.
The Employment Equality Act prohibits the disclosure of information acquired in the course of an investigation.
The complaint was made against Seán Aylward in his previous post as head of the Prison Service, which he left to head the Department of Justice in July 2004, when Michael McDowell was minister for justice.
Fr Donal Morris was employed by the Prison Service as chaplain in Castlerea Prison, under the auspices of the local bishop. After an assault by a prisoner, he inquired about his terms and conditions, but was unsuccessful in obtaining them, despite eventually receiving an order from the District Court that they should be issued.
He then took a complaint to the Equality Tribunal alleging discrimination on the grounds of religious belief. This was unsuccessful.
Fr Morris also alleged victimisation for making the complaint. Victimising an individual for making a complaint is contrary to the Employment Equality Acts. His complaint was based on a claim that his original complaint had been sent by Mr Aylward, without his consent, to his bishop via the head chaplain.
This allegedly occurred after a meeting between Mr Aylward, another departmental official, the head chaplain and two other chaplains in March 2004, at which his complaint were discussed. Subsequently, his employment was ended by the minister as the bishop withdrew his nomination.
The Equality Tribunal investigated his complaint of victimisation and found in Fr Morriss favour, awarding him €40,000 in compensation. This was appealed to the Labour Court, but the appeal was dropped and the €40,000 paid. This was reported in the Sunday Tribune in February 2007, and questions were also asked about the matter in the Dáil by FG TD Denis Naughten.
Fr Morris then asked the Equality Tribunal what action they would take about his complaint that confidential information had been revealed contrary to the Employment Equality Act. It told him that this was a matter for the authority or the Minister for Justice. Fr Morris then wrote to the authority. "I cannot comment further as the matter is under criminal investigation," he told The Irish Times.
Section 97 (2) of the Employment Equality Act states: "Any person who discloses information in contravention of subsection (2) shall be guilty of an offence under this section."
However, the Act does not provide a mechanism whereby the authority can investigate or prosecute such offences. The Irish Timeshas learned that the matter was referred to the legal sub-committee of the authority and legal advice obtained.
The board concluded the only way the authority could proceed was by asking the Garda to investigate if an offence had been committed, and if so, to refer the matter to the Director of Public Prosecutions.
This was put to its board at its meeting on June 24th last, and it forwarded the matter to the Garda Commissioner. Fr Morris told The Irish Timeshe has not yet been interviewed by the Garda in connection with it.
A spokeswoman for the Department of Justice would not comment on the matter.