One of the issues dealt with by the Garda Síochána Bill, 2003, is that of accountability. Provision is made for the imposition of fines of up to €3,000 where members of the force divulge official information gained "by virtue of their office and employment" and without lawful authority.
In particularly serious cases, penalties of up to five years in jail and fines of €30,000 may be imposed. These are very severe punishments.
The final wording of the Bill should be such as to ensure the section will not be used as a crude "gagging" device. Prosecutions should only take place when the public interest has been clearly damaged.
Fine Gael and the Labour Party have questioned the need for these provisions, in view of the fact that members of the Garda Síochána are already liable to prosecution under the Official Secrets Act. The National Union of Journalists has expressed concern that the legislation may be used to prevent informal contacts between members of the Garda and the media, and has placed it in the context of the recent limitations imposed on the Freedom of Information Act.
There is a balance to be struck here. Genuine reasons exist why members of the Garda should not divulge sensitive official information concerning individuals, matters of State or criminal cases. The privacy of individuals should be respected. And people are entitled to be presumed innocent until the courts decide otherwise. We should avoid the practice that has grown up in Britain where police officers are paid by the media for "tip-offs" in relation to prominent personalities. Some elements of the media show no respect for the rights of individuals or of grieving families in the aftermath of personal tragedy.
In publishing the "heads" of the first reforming Garda Síochána Bill in almost 80 years, the Minister for Justice, Mr McDowell, invited public discussion and sought submissions from within the Garda Síochána. That debate is now underway and the final shape of the legislation will not be decided until consultations have been completed later this year.
The inclusion of penalties for the unauthorised disclosure of information was to be expected in the legislation, given the outdated nature of existing Garda regulations and of the Official Secrets Act. In their present form, the regulations do not guarantee a crackdown on the exchange of information between the Garda and the media. But it is best to guard against such an eventuality by carefully revising the terms of the legislation. A healthy, open relationship between the media and the Garda should be encouraged.