Dermot Ahern (Louth, Fianna Fail)

What the Deputy is endeavouring to do in these amendments is to extend the functions of the designated judge under this section. A High Court judge is designated to oversee the operation of the Act's provisions and to make regular reports to the Taoiseach on related matters. To give the judge more powers would confuse the situation. The judge's oversight function is distinct from the function of the complaints referee. Allowing complaints to be made directly to the judge instead of the referee would serve to confuse the separate oversight procedures and lessen the safeguards provided.

The Deputy will note that I am amending the Bill to allow the designated judge to use his or her discretion to refer a matter to the complaints referee for investigation. This proposal was made by the Irish Human Rights Commission, IHRC, in its observations. Our amendment to section 11 will address the types of concern that the Deputy's amendments seek to address.

Regarding amendment No. 44, provision has already been made for the designated judge to have access to information and relevant documents upon request. This is in keeping with the role of the designated judge, which is to provide oversight of the system. The role is not intended to be one of ongoing continuous assessment. Therefore, the existing provisions are sufficient to meet the needs of the designated judge in the performance of his or her function.

Regarding the period in which a report is laid before the Houses, I remind the Deputy that provision is made for the Taoiseach, after consultation with the designated judge, to exclude matters from a report that the Taoiseach considers prejudicial to the security of the State. Sufficient time must be provided to allow proper consideration to be given to this matter. As such, the six-month period before the report is laid before the Houses is appropriate.

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