Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Subsection 239(5), as the Deputy says, provides that an information holder required to provide information or documents to the independent examiner may exclude or redact certain information.

The proposed restrictions were carefully considered and they apply to the safeguarding of international intelligence sources and the need to conceal the identity of a person where to reveal the identity of the person might endanger the life or safety of any person. Any disclosure that went against such concerns would not be in the interests of national security or public safety. I am also advised that the standard approach in the international intelligence community is to not disclose to any third party information received from an international partner without the source's consent. The third party rule must be respected as it protects sources and guarantees trust among the intelligence services that co-operate with our State. The effect of the amendment would be to remove this option from information holders. For the reasons I have outlined, I do not agree to this amendment. However, I would add that in his or her reporting functions to the Taoiseach under sections 241 and 242, the examiner can comment on any aspect of his or her functions, including the use of such restrictions by information holders.