The proposed Garda Ombudsman Commission cannot inspect files dealing with State security without notice, Minister for Justice Michael McDowell said yesterday.
On Sunday, Senator Maurice Hayes, who has been appointed to oversee the implementation of Garda reforms, complained the legislation would force the commission to seek Garda permission before visiting a station.
However, the Minister, speaking in Dublin, said no country would give a police ombudsman the power to inspect national security agencies at will.
The Garda differed from the PSNI, he said, because it carried out functions that are covered by MI5 and MI6 in Northern Ireland.
Under the Garda Síochána Bill, the Minister can by regulation declare some Garda offices out-of-bounds to the ombudsman if they hold "secure information", such as State security files.
The Northern Ireland Police Ombudsman, Mrs Nuala O'Loan, who has freedom to inspect PSNI offices, is barred from those occupied by MI5 and MI6.
"I can specify that such areas are potentially protectable by regulation, and if the ombudsman commission wants to inspect them that they give notice to me or the commissioner. That's a perfectly reasonable provision," declared the Minister, who said he believed the senator had missed part of a Seanad debate where he had explained the logic for his decisions.
"But I think he possibly missed part of the debate in the Seanad where I explained why this particular provision is in place," Mr McDowell said.
Senator Hayes, he said, had "probably" based his views on the first draft of the Bill, which had proposed that the ombudsman should offer 48 hours' notice before inspecting Garda stations.
Confirming that he had not been present for the Seanad debate referred to by the Minister, Mr Hayes said he still believed that rules could be put in place that would grant rights of access to the ombudsman commission and also protect State security. He had said the decision to set up a three-member commission rather than a single ombudsman was "flawed".
