Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Deputy Ó Murchú asked about consultation and the importance of consultation. Consultation on what constitutes a critical component will include detailed consultation with the industry. There are provisions for the Minister to consult with any person the Minister considers appropriate in assessing the risk profile of a vendor. That would likely, in the vast majority of cases, include vendors. Section 23 provides for the Minister to consult with providers and vendors before making any high-risk vendor designations or measures. I think Deputy McNamara's feeling is that this is not independent judicial oversight and that the process is unfair. It is a judge who makes the decision over whether the designation is proportionate. It is a judge who decides what evidence should be shown to the appellant and whether it constitutes material that could pose a risk to national security. That is a decision for the judge and the independent Judiciary. It is out of the hands of the political system. I feel that it is independent. Those decisions are made on the basis of intelligence material that is supplied by the Minister to the judge. We have two intelligence agencies in the State and that is what they work on. I think have covered the points raised by Deputy McGrath with other Deputies, unless there is some specific point that he thinks I did not answer.

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