Department leaked Garda whistleblower's identity two weeks after data breach with another

The then justice minister, Helen McEntee, insisted she had always followed whistleblower legislation. File picture: Colin Keegan

A Garda whistleblower received an apology from the Department of Justice for a data breach just two weeks before the identity of another whistleblower was disclosed to An Garda Síochána.

The garda member, who has asked to remain anonymous, had made a protected disclosure in relation to the handling of a case of child abuse and had asked that his details not be shared with Tusla.

However, in early 2023, he received a phone call from a member of staff at Tusla, who informed him that his details had been passed on.

In correspondence from the department in March 2023, seen by the Irish Examiner, a senior civil servant said the inclusion of an email attachment was "a regrettable oversight" and "an unfortunate case of human error and that the information was not shared for any other reason".

The email also says that outside agencies had been asked to delete the information. The garda later complained to the Data Protection Commissioner, which saw the Department of Justice write to him again on December 8, 2023.

In its correspondence, the department said the "relevant unit has been provided with guidance on redacting documents and advised that a second person should always check outgoing correspondence where an assurance of confidentiality has been provided, to prevent future breaches of this nature".

A few weeks later, on December 21, 2023, the department sent a protected disclosure of another garda whistleblower, Detective Superintendent Brian O'Reilly, to An Garda Síochána.

The then justice minister, Helen McEntee, insisted she had always followed whistleblower legislation.

A spokesperson said: “The minister has been clear that at all times she followed the legislation relating to protected disclosures and that at all times followed advice provided to her in relation to same."

A Department of Justice spokesperson said it could not comment on the details of any disclosure. "The department does not comment on, confirm the existence of, or give details of any specific protected disclosure.

"There are robust structures, policies, and procedures in place across the criminal justice sector to ensure the effective management of protected disclosures and to provide support to people who make disclosures under the Act. Protecting people who make protected disclosures, including members of the gardaí, is a priority under the Act."

No confidence motion

Aontú has threatened to table a motion of no confidence in Ms McEntee if she does not answer questions in the Dáil about the issue.

Paul Lawless, an Aontú TD, said this "is a very serious issue" which "raises questions about how many other gardaí have had their identity leaked by the department or minister's office".

"The Government’s idea for a statement rather than a questions and answers session doesn't cut it," he said.

"The Government has done serious damage to its relationship with gardaí. Perhaps the most serious aspect of all this is that the contents of so many protected disclosures went ignored by the Government and minister and passed elsewhere.

"It is scarcely believable that this guard received correspondence and an apology from the department after his identity was exposed, and then a mere 13 days later they made the same mistake with Brian O'Reilly's disclosure," said Mr Lawless.

"The minister has some very serious questions to answer and the opposition should be afforded the opportunity to put those questions to her."