Further to comments by Oliver Connolly yesterday that he will neither comment nor ‘not validate, either by way of confirmation or repudiation, the contents of an alleged transcript unlawfully procured’.
The Irish Council for Civil Liberties writes:
“The ICCL is somewhat bemused by the suggestion from the former Confidential Recipient Oliver Connolly that the law “prevents” his commentary on “any confidential report or discussions” held while he occupied his former role.
The An Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 (SI 168 of 2007) to which Mr Connolly refers contain protections for the identity of a whistleblower. However, the regulations do not address the situation of a whistleblower such as Sergeant Maurice McCabe who has voluntarily disclosed his identity and chosen to waive the confidentiality of an alleged conversation with Oliver Connolly.
Moreover, it is hard to understand how the law could “prevent” Mr Connolly from repudiating statements attributed to him in Sergeant McCabe’s transcript if those statements were not made. Legally and logically, a statement that was not made could not possibly be covered either by the 2007 Regulations or the Official Secrets Act 1963 (as amended).”