Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

Deputy Jonathan O'Brien is correct that the effect of the amendments would be to remove from the Minister for Justice and Equality the function under section 96 of the Garda Síochána Act 2005 of determining whether certain information or material could be made available to GSOC where it had been claimed that matters of national security were involved. The Minister has considered the amendments very carefully and is of the clear view that given that the security of the State is a priority function of the Government, the task of deciding whether information or material can be withheld on security grounds should remain with the Minister for Justice and Equality in her or his capacity as a member of the Government.

In the context of this group of amendments, the Minister has emphasised the fact that it is incumbent on the Minister for Justice and Equality to ensure the relevant functions under section 96 are discharged properly and impartially. As Members will be aware, this is one of a number of areas where important security-related matters are dealt with by the Minister, including authorising the interception of communications. One of the features of the amendment is that they involve a specific role for a member of the Judiciary. In that regard, Deputies will be aware of section 100 of the Garda Síochána Act 2005 which provides for the appointment, by the President of the High Court, of a designated judge to keep under review the operation of certain provisions of the Act, including section 96, that relate specifically to the security of the State. The Minister believes these arrangements are prudent and sufficient to provide for an appropriate level of judicial oversight. Accordingly, the Minister does not believe it would be appropriate to accept the changes proposed in the amendments and is, therefore, not accepting them.