Concern over disclosure of details

CIVIL liberties activists have expressed concern that gardaí involved in the force's internal investigation into the Reclaim The Streets protest on May 6 may have been able to access confidential details about complainants.

A Garda Complaints Board of former senior gardaí is investigating about 40 confidential complaints over the Dame St protest, at which gardaí used force to disperse the crowd.

A separate internal Garda investigation, under assistant commissioner Tony Hickey, was set up by then Justice Minister John O’ Donoghue.

But environment activist Peter Sweetman, a witness to the May events, said he and other complainants had been contacted by a garda who could have obtained their details only from their GCB complaint file.

Mr Sweetman said a woman he had only mentioned within his complaint had also been phoned by the garda.

The Irish Examiner has learned that several complainants, contacted by the same garda, agreed to a meeting thinking they were to meet a GCB investigator, but the garda was not part of the GCB investigating team.

Former assistant commissioner James McHugh, heading the GCB investigation, said he would be surprised if gardaí had obtained confidential information from his office.

“I’d be surprised, but I wouldn’t rule out anything,” he said, adding that the gardaí’s own internal investigation would have much information available to it.

A GCB representative suggested gardaí could have accessed confidential files when a complaint was made in a Garda station.

“For example, if someone made a complaint in a Garda station, that detail would be available to the gardaí, or they would be able to find it if they wished to,” he said.

If any confidential information was obtained, it was not obtained through the GCB, the representative said.

“It’s not a case of the board doing something. It’s a case of the gardaí doing or not doing something.”

The Irish Council for Civil Liberties, which has already advised protestors not to complain to the GCB due to concerns over the board’s independence, was astounded at the possibility that gardaí in stations could access confidential GCB files.

“That’s a shocking possibility. That shouldn’t happen. They certainly shouldn’t be able to be read by any guard,” said the ICCL’s Liam Herrick.

“We would be greatly concerned at this abuse of confidentiality if this is the case. How are people supposed to have faith and trust an office with confidential information when that office suggests others may be able to access that information?” he said.

A Garda spokesperson said that the possibility was “very unlikely”.