Dara Murphy (Cork North Central, Fine Gael)
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I thank the Chairman for the welcome afforded to me.

Deputies will be aware that the role of the policing authority will be to oversee the performance by An Garda Síochána of its functions relating to policing services. The Garda Síochána is also the security service for the State and the Garda Commissioner will continue to be accountable to the Minister and the Government in respect of national security. This is generally in line with a broad consensus within the Houses that security matters should remain within the remit of the authority. The Bill provides that in the event of a disagreement between the authority and the Garda Commissioner it would be a question for the Minister to decide whether a matter is a policing or a security matter. Deputy Mac Lochlainn's amendments would remove the role of the Minister in determining whether a matter relates the security of the State. The Minister has considered the amendments carefully and is of the view that given that the security of the State is a priority function of the Government, the task of deciding whether an issue relates to policing or security matters should be undertaken by the Minister in her or his capacity as a member of the Government.

Overall, it is important to bear in mind that the Bill contains a definition of what constitutes security services in order that the scope of the authority's remit can be properly delineated. Under section 44, the authority will, in performing its functions, have regard to the importance of the functions of the Garda Síochána concerning security services. In the circumstances, the Minister believes that the scope for disagreements between the authority and the Garda Commissioner over whether a particular item is a security or a policing matter will be rather limited. In addition, discussions to resolve any difficulty will undoubtedly take place between the authority and the Commissioner before any issue is referred to the Minister. Moreover, I emphasise that before making any decision on whether a policing or a security matter is involved, a Minister will be required to act impartially.

The approach adopted in the Bill is in line with similar arrangements on security matters in Northern Ireland. For example, the PSNI Chief Constable may refer to the Secretary of State a requirement to submit a report to the Northern Ireland Policing Board if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed in the interests of national security. The Secretary of State can then modify or set aside the requirement.

Interestingly, where the information ought not, in the opinion of the Chief Constable, be disclosed on the basis that it is sensitive, personal information or it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, the Chief Constable may refer the matter to the Minister of Justice who can modify or set aside the requirement. The Minister, therefore, believes that the arrangements proposed in this Bill are appropriate and asks the Deputies not to press these amendments.