Opposition parties and the National Union of Journalists have expressed concern at provisions in legislation to reform the Garda Síochána which could see gardaí jailed or fined for leaking information.
However, the Department of Justice, Equality and Law Reform insists the final shape of the legislation will not be decided until consultations are completed later this year.
Under the Garda Síochána Bill 2003, gardaí will be penalised if they divulge official information learnt "by virtue of their office of employment".
Anyone found guilty of such a charge will face a fine of €3,000 on foot of a summary conviction, or up to five years in jail, or a €30,000 fine if convicted on indictment.
The National Union of Journalists and the Opposition expressed fears last night that the Minister for Justice, Equality and Law Reform, Mr McDowell, is seeking to "muzzle" members of the force.
Currently, however, gardaí can face internal Garda disciplinary action or prosecution under the Official Secrets Act if they improperly reveal official information.
Responding to sharp criticism yesterday, the Department of Justice, Equality and Law Reform said sections on improper disclosure had to be included in the Garda Síochána Bill since it is the most wide-ranging reform since 1925 and one which would consolidate all previous Acts.
A Department spokeswoman rejected charges that gardaí would be blocked from having reasonable communications with the media.
"It isn't the case that no garda will be able to speak to the media. The officer leading an investigation will be able to do so, and others will, though whose authorisation will be required has still to be worked out," she commented.
Senior officials in the Department of Justice have been irked by the amount of information that emerged in the press on a number of cases over recent times, notably those involving rape.
Both the Garda Representative Association and the Association of Garda Sergeants and Inspectors (AGSI) said they were still studying the text published so far by the Minister. The AGSI will forward preliminary observations to the Minister next month.
"We would be concerned about the very draconian nature of some of the proposals, though clearly gardaí should not disclose material that they learn during the course of their duties," an AGSI source told The Irish Times.
Labour Party TD Ms Joan Burton said the Minister's plan was nothing other than an attempt "to gag" gardaí which would be "vigorously resisted" when the legislation comes before the Oireachtas. "Coming so soon after the Government's assault on the Freedom of Information Act, they reflect an increasing obsession by Fianna Fáil and the Progressive Democrats with secrecy and the closing off of sources of information," she said.
Fine Gael TD Mr John Deasy urged the Minister to explain the changes. "Gardaí are subject to the Official Secrets Act. What evidence has the Minister got that that Act is not effective in relation to gardaí?" he asked.
Mr Seamus Dooley, of the National Union of Journalists, said the Minister's intentions must be judged against the backdrop of the curbs made to the Freedom of Information Act. "I do not think that it is a personal agenda on the part of the Minister, but this Government has a deep-seated suspicion of the press," he declared. Mr Dooley said there "has to be a sense of proportionality" about the relationship the force needs with the public, through the media.
