An investigation by GSOC into the leaking of details of the arrest of Independent TD Clare Daly in 2013 has concluded that "on the balance of probabilities" some information relating to the arrest came from within An Garda Síochána and were made available to members of the media in an "unauthorised manner".
In the early hours of 29 January 2013 Ms Daly was arrested in Dublin after making an illegal turn while driving on the South Circular Road. She was breathalysed and taken to Kilmainham Garda Station.
The Garda Síochána Ombudsman Commission report states that Ms Daly "attempted but ultimately failed to supply an adequate specimen of breath" at the scene of the garda stop.
She was subsequently arrested and taken to Kilmainham Garda Station where she provided a urine sample to a doctor and she was released from custody at 1:30am. The urine sample revealed an alcohol level within legal limits.
By 4pm Ms Daly was contacted by members of the media about the incident and was informed that the story had been with the press since 11am.
The report states that the Garda Press Office was contacted by a member of the press at around 2pm that day requesting information about the arrest.
Ms Daly was interviewed for RTÉ's Six One news that same evening where she confirmed she had been arrested in an area of south Dublin she was unfamiliar with, having made an illegal turn. She said she was breathalysed and taken to Kilmainham Garda Station.
According to the GSOC report, Ms Daly was critical of how details of her arrest ended up in the hands of the media so quickly and the story of Deputy Daly’s arrest was the subject of heavy media coverage, with a number of articles appearing in the local and national press in the following days.
In a statement issued this evening, GSOC said it conducted a "lengthy investigation" to establish the facts of the matter. It says it is not possible to state which individual released the information about Ms Daly's arrest.
In January 2013 Ms Daly made a complaint to the GSOC, significant aspects of which concerned the alleged unlawful disclosure of information to the media about her arrest and about whom she requested to be called at the time.
At the conclusion of the investigation, GSOC considered that there was insufficient evidence of a criminal offence by any individual to warrant sending a file to the Office of the Director of Public Prosecutions.