Shatter breached data act because he believed he is above law, claims TD

Justice Minister Alan Shatter has been accused of deliberately breaching data protection law for political purposes because he believed he is "above the law".

Mick Wallace made the claim after the data protection commissioner ruled the minister broke the law when he stated during a live television debate that the independent TD had been cautioned for using his mobile phone while driving.

“What Minister Shatter did to me on Prime Time isn’t the most important thing,” said Mr Wallace. “What’s most important is that he abused his office, and if the Government of the day and the Taoiseach are happy with that, well I’d be worried about the State.”

The ruling adds to a series of controversies surrounding the justice minister in recent months and comes ahead of the publication into two reports on issues relating to allegations of bugging at the Garda ombudsman’s office and claims of malpractice.

However, a spokesperson for the Labour ministers in the Government said last night that Mr Shatter retains their confidence.

Sources said that while the finding was not a welcome one, they acknowledged that the minister had already apologised for his actions.

A spokesman for the Taoiseach said Enda Kenny has confidence in Mr Shatter, who last night indicated that he would appeal the decision to the circuit court.

The ruling relates to a RTÉ Prime Time programme last year, when Mr Shatter and Mr Wallace appeared alongside each other to debate the penalty points issue. Mr Shatter revealed information which he said he received verbally from the then garda commissioner, Martin Callinan.

The data protection commissioner found that Mr Callinan did not breach the act, but that the minister was bound by “obligations of non-disclosure” of “personal data”.

Mr Wallace said given that Mr Shatter is a lawyer “it is most likely that he knew what he was doing” when he used the information for “political” reasons.

“The minister feels that he should be above the law and that the minister for justice shouldn’t be held to account,” said Mr Wallace.