Shatter faces renewed questions over Wallace data complaint

Minister for Justice Alan Shatter faces renewed questions as Data Protection Commissioner Billy Hawkes finalises his decision on a complaint against the Minister from Independent TD Mick Wallace.

A draft decision from Mr Hawkes is said to have upheld the thrust of the complaint from Mr Wallace, who took issue with Mr Shatter’s disclosure on television that gardaí had stopped the TD for using his mobile phone while driving.

Little comment
There was little comment on the matter yesterday from Tánaiste Eamon Gilmore.

“I’d like to read the report first of all and then form any conclusion I might have arising from the report,” Mr Gilmore told reporters.

Mr Wallace claimed Mr Shatter had broken the law in relation to the protection of official data in an appearance on RTÉ's Prime Time programme.

The Minister, who said then Garda commissioner Martin Callinan had told him of the incident, later apologised to Mr Wallace.

Draft decision
"I can confirm that a draft decision issued to the parties (I cannot comment on its content) and that the final decision is likely to be issued shortly taking account of any comments received on the draft decision," said a statement from the spokeswoman for the Data Protection Commissioner.

Mr Hawkes is said to have set a deadline last Friday for the submission of any observations from Mr Shatter or Mr Wallace on his draft decision.

The Department of Justice said Mr Shatter “was in further correspondence” on Friday with Mr Hawkes’s office and was co-operating fully with it. However, the Department said “no decision has been made or issued” on the complaint.

Correspondence
"It is the Minister's understanding that the matter was not going to be put before the Data Protection Commissioner for his decision in advance of consideration of that correspondence," the department said.

The department also complained about "leaks" to the Sunday Independent about the investigation.

“In the circumstances, it is deeply disturbing that attempts are apparently being made to undermine the integrity of the investigation by the leaking of inaccurate information about an ongoing process,” the department said.

"In particular, such leaks would themselves clearly have serious data protection implications. In the circumstances, the Minister will be pursuing this matter with the Office of the Data Protection Commissioner.

Complaints
"There is a clear process set out for dealing with complaints about data protection, which is a very complex area of law, including a right of appeal by both sides. That process should be let take its course. It would be wrong to make public comment at this stage which could be seen as trying to influence in any way the course of this process."