Minister challenges Labour TD to produce evidence of data protection breaches

Minister for Justice Charlie Flanagan has challenged Labour TD Alan Kelly to produce evidence of wrongdoing after he implied that gardaí seriously breached data protection laws on homicide and rape figures.

Mr Flanagan said that if there were irregularities of the type “implied yet again” by Mr Kelly he would be happy to ensure an investigation took place.

Mr Kelly asked the Minister during a “topical issues” debate in the Dáil if An Garda Síochána had given the personal details of victims of murder and rape to the Central Statistics Office (CSO) and if they had also given the details of the perpetrators or potential suspects in those crimes.

In February, two Garda staff members made protected disclosures to the Oireachtas justice committee alleging some homicides that were incorrectly classified as less serious crimes were not investigated as homicides. Mr Kelly repeatedly raised the issue in the Dáil at the time.

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On Thursday, in the Dáil the Waterford TD noted that the CSO had published the quarterly crime figures which were still “under reservation” after a review when two Garda crime analysts refused to sign off on statistical reports. They had investigated crime figures for 2013 and 2017 and then went back to 2003.

Mr Kelly asked when the “under reservation” tag would change.

He suggested that breaches may have occurred but insisted to the Minister he was not “trying to catch you out”.

However, he asked Mr Flanagan: “Have gardaí ever passed on to the CSO not just crime statistics but also the names and details of the perpetrators of serious crime” and those suspected of those crimes.

Mr Kelly said “I want to be absolutely certain that when An Garda Síochána gives information to the CSO in the past and currently it does not give personal details of victims of crime, including very serious crimes such as murder and rape”.

The Minister said he was determined to ensure strong focus was maintained on improving the area of the reporting of crime statistics. He said the Policing Authority had an important oversight role.

But he called on Mr Kelly to put in writing “any evidence of wrongdoing or breach of the law”.

“If there are any irregularities of the type that have been implied yet again by Deputy Kelly I would be happy to ensure that an appropriate investigation takes place,” he said.