The Minister for Justice rejected a demand that he withdraw the provision in the Garda Síochána Bill imposing a prison sentence on members of the force disclosing certain kinds of information.
The Labour spokesman on Justice, Mr Joe Costello, claimed that Mr McDowell's proposal was excessive, adding that the Minister had accused journalists of bribing gardaí giving information. "The accusation was made strongly and trenchantly and has cast a slur on the media and the gardaí."
Mr McDowell said he had already indicated he would not envisage the offence being committed by any person who acted in good faith to prevent a wrong. "I reject the suggestion made by the deputy that I have cast a slur on members of the Garda in general or on members of the media in particular."
Mr Costello argued that a code of practice was required for the Garda. "Such a code could be included in the mission statement, or vision statement, which the Minister proposes to include in the Garda Síochána Bill. It could be displayed in every Garda station and be part of a small charter which gardaí could carry with them." He added that the Minister should follow up the measure with the proposed statutory press council where press standards would be examined.
The Minister said that the precise scope of the provision, and in particular whether there was need to provide for exemptions, would be considered further during the drafting stage of the Bill. "I have already publicly indicated that I recognise the need for a targeting of the provision to address the key areas of concern, such as where the unlawful disclosure seriously violates the privacy and dignity of any individual, tends to prejudice the fair investigation or trial of a serious offence, tends to compromise the security of the vital interests of the State or is made for reward."
Mr McDowell said the activities of a handful of people out of a force of 11,900 were not a slur on the vast majority who did their work very well, kept their confidences and observed the rights of individuals with whom they were dealing to the letter of the law.
