Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy. It may be helpful to note that the approach taken here, as with the approach taken throughout the entire Bill, originates from the recommendations of the Commission on the Future of Policing in Ireland, which recognised that An Garda Síochána and other criminal justice services are and should be accountable to the democratically elected Government of the State. The role of holding them to account is exercised through the Minister for Justice who, of course, is in turn politically accountable to the Oireachtas for policing matters.

Section 122 sets out the objectives, functions and powers of the authority and include at section 122(1) a provision confirming that the authority shall oversee and assess, in an independent and transparent manner, the performance of An Garda Síochána. Furthermore, section 149(4) already provides that the Minister shall lay a copy of any report of the authority before the House as soon as is practicable, subject to the need under section 149(5) to exclude any material that might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person. This is a necessary provision, as I am sure the Deputy will agree, given the wide range of sensitive issues that may be encompassed by such reports and the responsibility of the Minister for Justice for policing matters, law enforcement and the security of the State. The section must proceed on the basis that the Minister will comply with the requirement under subsection (4) that he or she will publish the report as soon as practicable. This is standard drafting language relating to the publication of reports. I do not see any need for this section to address a situation where there is an "undue delay" in publishing a report, particularly where the term "undue delay" is not defined.

In addition, the amendment seeks to assign a role to the office of the independent examiner in reviewing any content that is not included in a report under section 149(5), which refers to a concern that material may facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person. This proposal does not have any link with the intended function of the independent examiner. The primary function of the independent examiner will be to keep security legislation under review to ensure it remains necessary, fit for purpose and contains appropriate safeguards for protecting human rights. The independent examiner will also have a general examination function in relation to the delivery of security services as set out in detail in Part 7. I respectfully suggest that the independent examiner has quite a separate and distinct role in our security legislation. The broader piece relating to the removal or exclusion of material in a report in advance of publication or laying before the House may not relate to that but may relate to the commission of an offence, prejudicing of a criminal investigation or jeopardising the safety of a person. There are safeguards here in the role of a Minister to lay a report before the Houses of the Oireachtas and indeed, to lay any report of the authority before the Houses, as soon as is practicable. I would be concerned with the amendment not defining things like "undue delay" and the link with the independent examiner.