Michael McDowell (Dublin South East, Progressive Democrats)

I share Deputy Jim O'Keeffe's view that Deputy Costello's points are valid on this matter. I was, therefore, relieved to know the point has been covered by the provisions of the 1993 Act which we are amending. We are inserting a new subsection (1) and (1)(a) into section 8 of the 1993 Act. The remainder of that section goes on to deal with various matters. It reads:

(2) A person designated under this section (referred to in this Act as "the designated judge") shall hold office in accordance with the terms of his designation and shall have the duty of keeping the operation of this Act under review, of ascertaining whether its provisions are being complied with and of reporting to the Taoiseach—

(a) at such intervals (being intervals of not more than 12 months) as the designated judge thinks desirable in relation to the general operation of the Act, and

(b) from time to time in relation to any matters relating to the Act which he considers should be so reported.

(3) For the purpose of his functions under this Act, the designated judge—

(a) shall have power to investigate any case in which an authorisation has been given, and

(b) shall have access to and may inspect any official documents relating to an authorisation or the application therefor.

(4) The designated judge may, if he thinks it desirable to do so, communicate with the Taoiseach or the Minister on any matter concerning interceptions.

(5) Every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, an authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the designated judge, on request by him, such information as is in his possession relating to the application or authorisation.

(6) If the designated judge informs the Minister that he considers that a particular authorisation that is in force should not have been given or (because of circumstances arising after it had been given) should be cancelled or that the period for which it was in force should not have been extended or further extended, the Minister shall, as soon as may be, inform the Minister for Transport, Energy and Communications and shall then cancel the authorisation.

(7) The Taoiseach shall cause a copy of a report under subsection (2) of this section together with a statement as to whether any matter has been excluded therefrom in pursuance of subsection (8) of this section to be laid before each House of the Oireachtas.

(8) If the Taoiseach considers, after consultation with the designated judge, that the publication of any matter in a report under subsection (2) of this section would be prejudicial to the prevention or detection of crime or to the security of the State, the Taoiseach may exclude that matter from the copies of the report laid before the Houses of the Oireachtas.

We get a report from this judge whose powers will be extended by subsection (1) and (1)(a). I am rarely asked about it, although I may be asked in written parliamentary questions. I do not remember any follow-up on it in the past two years. Perhaps the Taoiseach receives questions about it, but I do not. That safeguard is in place. The duties cast upon the judge are extended by the amendment to cover the matters in question.

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