Some journalists believe it is their "God-given right" to bribe gardaí to leak information, the Minister for Justice, Mr McDowell, said yesterday.He strongly defended new plans to fine or jail gardaí for leaking information and said such behaviour was "wholly unacceptable".
Under the proposed Garda Síochána Bill 2003, gardaí will be penalised if they divulge official information learnt "by virtue of their office of employment".
Gardaí found guilty of such charges will face penalties such as a €3,000 fine, up to five years in jail, or a €30,000 fine if convicted on indictment.
The Irish Secretary of the National Union of Journalists, Mr Seamus Dooley, criticised the proposals, describing them as a "gag on gardaí" and a curb on the relationship between gardaí and the media. The move was also criticised by the opposition parties.
Mr McDowell said one journalist had said he could name at least five reporters who regularly paid gardaí for information. "I'm not prepared to accept that, under any circumstances whatsoever."
The media were not being punished, he said, as gardaí were obliged to make information about their activities available to the press.
"But the notion that individual members of the journalists' profession feel that it is their God-given right to bribe gardaí to break the criminal law and to give them information which they are prohibited from giving them is, in my view, wholly unacceptable," Mr McDowell said.
Insisting on this was not the action of a nanny State, he said. Mr McDowell said members of the public who dealt with gardaí rightly believed their dealings were confidential.
"A professional police force does not tolerate within its ranks people who sell stories to journalists."
The Minister also rejected speculation that the smoking ban may not go ahead in its present form because of the strong opposition to it. "There is going to be no U-turn in respect of the smoking ban," he said.
Asked if there might be a compromise, he said: "First of all, we haven't seen the final proposals that the Minister proposes to bring before Cabinet.
"But this suggestion that the Cabinet is split on the issue is not, in my view, correct. I support Government policy on this issue."
Mr McDowell also said he had not had an opportunity to examine plans by the Minister for Transport, Mr Brennan, to reduce drink-driving limits to less than a pint of beer by next June.
Mr Brennan said he would also like to give gardaí expanded powers to take breath samples from drivers. "That's something that I haven't had an opportunity to consider yet," Mr McDowell said.
"If he [Mr Brennan] is going to consult with me, I have to prepare for that consultation process and work out where I stand on that issue but it's finally a matter for Government of course," said Mr McDowell.
