Minister adamant about Garda restrictions

The Minister for Justice, Mr McDowell, has said he will "not be deflected" from proceeding with controversial new laws restricting…

The Minister for Justice, Mr McDowell, has said he will "not be deflected" from proceeding with controversial new laws restricting the information which gardaí may give to journalists.

He said: "The majority of people trust me on this and they know I would not put in an Act something that I believed was unnecessary."

He said a former attorney general, Mr David Byrne, had expressed concerns that Ireland could be brought before the European Court of Justice in Strasbourg because of the implications that the leaking of material about people's private lives had for the privacy of ordinary people.

It was believed the existing law was inadequate to protect people from such behaviour.

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Speaking at the Department of Justice, where he was supporting a new campaign to make the legal system more accessible to people with literacy problems, the Minister repeated that he would not be naming any journalist alleged to have paid gardaí for information.

He noted that Sunday Tribune journalist Diamuid Doyle, who has alleged he knew of five journalists who had paid gardaí for information, had stood over those claims. It could not be the case that he could not introduce legislation unless he made public allegations against individuals, Mr McDowell said.

Describing as "rubbish" claims that he was introducing the legislation on a "whim", Mr McDowell repeated that senior Garda management believed such laws were necessary.

"Senior gardaí have indicated it is their view the existing law will not be able to counter this problem unless they have powers of detention and arrest."

He denied he had ever stated that some journalists had bribed gardaí for information.

"I said a small number of journalists have a few rotten apples in the gardaí."

The proposed new laws will be aimed at prohibiting gardaí from giving information for reward or where it invaded the privacy of a victim of crime.

The new legislation would also prohibit the giving of information where it impeded an investigation or prosecution or where it impeded State security.

Mr McDowell said he would consider any proposals about the legislation, including the provision of a public interest defence.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times