Eugene Regan (Fine Gael)

I move amendment No. 13:

In page 15, lines 27 to 31, to delete subsection (1) and substitute the following:

"(1) The Minister shall invite a retired judge of the High Court to undertake the duties specified in this section and, if the invitation is accepted, shall designate the judge for the purposes performing those functions.".

This provides for judicial oversight after the event by the appointment of a serving High Court judge. Among the functions designated to him or her are to keep under review the operations of sections 4 to 8, the essential parts of the Bill, and to report to the Taoiseach from time to time and at least once every 12 months concerning any matters relating to the operations of these sections that he or she considers should be reported. My difficulty with the provision is that a sitting High Court judge would act as adviser and report directly to the Taoiseach. It embroils the Judiciary in the executive and legislative arm of the State in a manner which is inappropriate, bearing in mind the constitutional principle of the separation of powers. I recognise that there is a similar provision in the Interception of Postal Packets and Telecommunications Parcels (Regulation) Act 1993 but I asked the Minister on Second Stage whether the Attorney General had advice specifically on the provision in this section in light of my question on the separation of powers. It seems to be inappropriate that a sitting judge should act as adviser and report directly to the Taoiseach on this matter. It does not sit well with the basic principle of the separation of powers. I also raised other issues in regard to this but rather than oppose the section, I have tried to move an amendment which provides that the judge in question would be a retired judge. This would deal with the concern I expressed.