Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I thank the Senator for his contribution.

The effect of the Senators' proposed amendments would be, in particular, to remove from the Minister for Justice and Equality the function, under section 96 of the Garda Síochána Act 2005, of determining whether certain information or material could be made available to GSOC where matters of national security are involved. The Minister has considered the amendments carefully and she is of the clear view that, given that the security of the State is a priority function of the Government, the task of deciding whether information or material can be withheld on security grounds should remain with the Minister for Justice and Equality, in his or her capacity as a member of the Government.

In regard to the Senators' amendments, the Minister would emphasise the fact that it is incumbent on the Minister for Justice and Equality to ensure that the relevant functions, under section 96, are discharged properly and impartially. As Senators will be aware, this is one of a number of areas where important security-related matters are dealt with by the Minister, including authorising the interception of communications.

One of the features of the Senators' amendments is that they involve a specific role for a member of the Judiciary. In that regard, the Minister has asked me to draw the attention of Senators to section 100 of the Garda Síochána Act 2005. It provides for the appointment of a designated High Court judge to keep under review the operation of certain provisions of the Act, including section 96, that relate to the security of the State.

The Minister believes that these arrangements are prudent and provide a suitable level of judicial oversight. Accordingly, she does not believe that it would be appropriate to adopt the changes proposed by the Senators. In the circumstances, the Minister is not in a position to accept the amendments and she would ask the Senators not to press them.