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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Údarás na Gaeltachta.

Confidentiality of telephone interception inquiry

Summary

Molloy challenged whether departmental investigators had promised that interviews about alleged telephone interception would remain confidential within the Department, and asked what action would follow. Donnellan described the usual confidential investigation procedure and said there was no departure from it, but did not directly confirm the alleged assurance; Molloy said he would seek to raise the matter on the Adjournment.

asked the Minister for Posts and Telegraphs if he is aware that two senior investigating officers of his Department, in the course of an interview with the Chief Executive of Udarás na Gaeltachta, represented in the presence of witnesses that their inquiry would be confidential to his Department, that the outcome of their inquiries was made available to the Minister for the Gaeltacht and that it was subsequently represented by the Secretary of Roinn na Gaeltachta that the inquiries were initiated at the request of his Minister; and if he will make a statement on the matter.

Comment on this

Unauthorised interception of telephone calls is obviously a most serious matter and my Department undertake investigations into reports and complaints made about such interception where the public service telephone network appears to be involved. All such investigations are carried out on a confidential basis by officers of the Investigation Branch of my Department, and they may not disclose the results of their investigations other than to an authorised officer. Where a breach of the law is suspected in the course of such investigations, a warning is given that anything said will be recorded and may be used in evidence before a statement is sought. The complainant, if any, is normally advised of the result of such investigations and other appropriate action, including the question of legal proceedings, and the need to advise the Government or other members of the Government who may be concerned is considered, depending on the circumstances in each case.

In the case referred to by the Deputy, a complaint of unauthorised interception of a telephone call was received from the Minister for the Gaeltacht. My information is that treatment of the case subsequently was in conformity with normal practice.

Comment on this

I ask the Minister to answer the question which I have put to him here by way of this Parliamentary Question, which is if he will confirm that officers of his Department represented, in the presence of witnesses, that their inquiry would be confidential to his Department? Would the Minister state whether that is so?

Comment on this

I have already explained in my reply that all investigations of this kind are carried out on a confidential basis. This one was no exception. However, to interpret this as meaning that nobody outside the Department would be advised of the result of such investigations would be quite wrong. If, for example, an investigation reveals evidence that a breach of the law may have been involved, the Director of Public Prosecutions would have to be consulted. When an inquiry is initiated as a result of a complaint, obviously the complainant would be entitled to know the action taken. The Deputy must be aware, too, that my Department form part of an executive arm of Government and the Government have corporate responsibility, that the Minister for the Gaeltacht and the Minister for Posts and Telegraphs are both members of the Government and that no Minister operates in isolation from Government as a whole or from other Ministers who may be concerned with particular matters arising from time to time.

Comment on this

The question which I would like again to repeat to the Minister is whether officers of his Department, in carrying out this questioning had represented to the person who was being questioned that the answers which would be given would be confidential to the Department of Posts and Telegraphs. Is the Minister accepting that that was done by the officers of his Department on this occasion and if so he must agree that they have broken the trust and the statement which they made to the person whom they were interviewing? What action does he propose to take?

Comment on this

There was no abnormality in this case.

Comment on this

There was.

Comment on this

The same thing applies to any individual of the public who can show the Department in any way that a telephone call that he or she made was intercepted. That person has the same right as any other individual of the public, be it Minister, chief executive officer or any one else.

Comment on this

Does the Minister accept that officers of his Department can properly represent to people who are being interviewed that the answers which they may give to questions are to remain confidential to his Department and his Department only? Does he agree that this was done on this occasion — that these officers of his Department stated that the information would be kept confidential within the Department itself? Is the Minister accepting that his officers did this?

Comment on this

There was no departure from the normal procedure in this case.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

Now, Deputy Molloy——

Comment on this

I am sorry, but I am asking a very straight question which I have written down here. I have repeated it twice orally by way of supplementary.

Comment on this

The Minister may repeat it five or six times more, for that matter.

Comment on this

The Minister is not answering the question.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Deputy will appreciate that the Chair has no control over the answering of questions.

Comment on this

I accept that. I am not asking the Chair to answer the questions. I am merely pointing out to the Chair my reason for having to repeat the question which I have on the Order Paper, to establish the correct answer from the Minister. Does the Minister accept that the officers of his Department who carried out this investigation represented that the answers would be confidential to his Department?

Comment on this

The investigation of this case was carried out in the same way as similar investigations have been in the Department.

Comment on this

Does the Minister understand plain English? Does he understand the question?

Comment on this

The Deputy has a bee in his bonnet about matters concerning the Gaeltacht.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

We are having repetition now. Order, please.

Comment on this

I am trying to get to the bottom of a very vindictive campaign which has been carried on but has now been flushed over-ground. The Minister, and his fellow Ministers, will have to substantiate any actions they take with facts before the Irish public. I wish to give notice that due to the unsatisfactory nature of the Minister's reply I am seeking permission to raise the matter on the Adjournment.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I will communicate with the Deputy.

Comment on this