Helen McEntee (Meath East, Fine Gael) | Oireachtas source

This is a complex matter. Section 3 defines security services. The amendment provides that nothing in section 3 would authorise a member of An Garda to exercise a power conferred by law for a purpose that is not so authorised.

An Garda Síochána only has powers that are provided for in any number of Acts or in common law. That does not change because of this section, which simply defines security services. There is a slight amendment to the definition whereby we include "Acts contrary to the economic well-being of the State where such Acts have an impact on national security". Again, that does not impact the powers of An Garda Síochána. That is provided for in separate legislation. If there is - and this is in the Bill - a question over whether or not a power is a relevant power for An Garda Síochána, particularly when it relates to security services or security issues, a separate item of the legislation will allow for the office of the independent examiner to identify whether or not it is a role or a matter for An Garda Síochána and to present that then to the Minister, who then decides. There is a function here whereby if there is a question over whether or not a power that is conferred in separate Acts - as I said, not in this section but in police powers and other Acts - is or should be a security matter - for example, if a garda is being questioned by the authority or in a public arena and says, "I cannot provide you with that information for security reasons" - it will then be open to the office of the examiner to decide whether or not that is the case and to make a case to the Minister, and the Minister then decides. This section does not allow for any new power or change in powers related to security services or security matters. It is simply a definition, as I said, which provides an expansion in a certain way, but the expansion as regards economic well-being does not confer any additional power. It is for that reason that I do not think the amendment is necessary. It is clear that this is part of separate legislation where the powers are conferred on gardaí.

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