Prevention of Corruption (Amendment) Act 2001 (Repealed)

F13 [ SCHEDULE 2

PROVISIONS APPLICABLE IN CASE OF COMMUNICATIONS REFERRED TO IN SECTION 8A MADE IN CONFIDENCE

Definitions .

1. In this Schedule

alleged relevant offence , in relation to a confidential communication, means the offence under the Prevention of Corruption Acts 1889 to 2010 alleged in the communication;

appropriate person has the meaning assigned to it by section 8A(16);

civilian means a member of the civilian staff of the Garda S í och á na;

Commissioner means

( a ) the Commissioner of the Garda S í och á na, or

( b ) a deputy commissioner, or an assistant commissioner, authorised under section 32 of the Garda S í och á na Act 2005 to perform the functions of the Commissioner;

confidential communication means a communication referred to in section 8A made to an appropriate person who is a confidential recipient;

confidential communicator , in relation to a confidential communication, means the person who made the confidential communication;

confidential recipient means a person appointed under paragraph 2 to receive confidential communications;

member means

( a ) a member of the Garda S í och á na, or

( b ) a member of the Police Service of Northern Ireland appointed to a rank in the Garda S í och á na under section 52 or 53 of the Garda S í och á na Act 2005 .

Appointment of confidential recipients .

2. The Commissioner may appoint a member or civilian, or members or civilians, as a confidential recipient or recipients to receive confidential communications.

Confidential communication .

3. (1) Where a confidential communication has been made to a confidential recipient, the confidential communicator shall disclose to the recipient any document, record or information in his or her possession or control which relates to the alleged relevant offence.

(2) Information disclosed under subparagraph (1) shall be in such form as the confidential recipient may require.

(3) A confidential communication may not be made anonymously.

Transmission of confidential communication .

4. Where a confidential communication has been made to a confidential recipient, the recipient shall, as soon as is practicable, transmit the communication to the Commissioner.

Commissioner, etc., must take steps to ensure that identity of confidential communicator is not disclosed .

5. Where a confidential communication has been transmitted to the Commissioner pursuant to paragraph 4, the Commissioner, and any person acting on his or her behalf, in examining the communication or investigating the alleged relevant offence, shall take all practicable steps to ensure that the identity of the confidential communicator is not disclosed.

Protection of confidential communicator s identity .

6. (1) Where a confidential communication has been made to a confidential recipient, the recipient may disclose the identity of the confidential communicator to the Commissioner only if each one of the following provisions is complied with:

( a ) the Commissioner

(i) must be satisfied that knowledge of the identity of the communicator is necessary for the proper examination of the communication or the investigation of the alleged relevant offence;

(ii) must inform the recipient of his or her reasons for being so satisfied;

( b ) the recipient must be satisfied that the Commissioner, before informing the recipient under clause ( a )(ii), has taken all practicable steps to advance the examination of the communication or the investigation of the alleged relevant offence;

( c ) the recipient must have informed the communicator of the situation and considered the communicator s views regarding the disclosure of his or her identity; and

( d ) the recipient must further be satisfied that, having regard to all the circumstances, the disclosure is necessary for the proper examination of the communication or the investigation of the alleged relevant offence.

(2) Where a confidential communication has been transmitted to the Commissioner pursuant to paragraph 4, the identity of the confidential communicator may be disclosed by the Commissioner to

( a ) a member,

( b ) a civilian, or

( c ) the Director of Public Prosecutions,

only where the Commissioner is satisfied that the disclosure is necessary for the proper examination of the communication or the investigation or prosecution of the alleged relevant offence.

(3) Subject to subparagraph (4), any member or civilian to whom the identity of a confidential communicator has been disclosed under subparagraph (2) may not disclose the identity to any other person without the authorisation in writing of the Commissioner.

(4) The Commissioner may give an authorisation referred to in subparagraph (3) only where he or she is satisfied that it is necessary for the proper examination of the confidential communication or the investigation or prosecution of the alleged relevant offence.

(5) Unless otherwise authorised under this paragraph, a confidential recipient, a member, or a civilian, to whom the identity of a confidential communicator has been disclosed may disclose the identity only with consent in writing of the confidential communicator or under an order of a court. ]