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

As the Deputy will be aware, the role of the policing authority will be to oversee the performance by An Garda Síochána of its functions relating to policing services. The Garda Síochána is also the security service for the State and the Garda Commissioner will continue to be accountable to the Government in respect of national security. This is, I understand, generally in line with a broad consensus within this House that security matters should not be within the remit of the authority. The Bill provides that, in the event of a disagreement between the authority and the Garda Commissioner, the Minister will decide whether a matter is a policing matter or a security matter. The Minister has considered the amendments carefully and she is of the view that, given that the security of the State is a priority function of the Government, the task of deciding whether an item relates to policing or security matters should be undertaken by the Minister for Justice and Equality in her or his capacity as a member of the Government.

Overall, it is important to bear in mind that the Bill contains a definition of what constitutes security services in order that the scope of the authority's remit can be properly delineated. Under proposed section 44, the authority will, in performing its functions, have regard to the importance of the functions of the Garda Síochána concerning security services. In the circumstances, the Minister believes that the scope for disagreements between the authority and the Garda Commissioner as to whether a particular item is a security matter or a policing matter will be quite limited. In addition, discussions to resolve any difficulty will undoubtedly take place between the authority and the Garda Commissioner before any issue is referred to the Minister. Moreover, the Minister has asked me to emphasise that, before making any decision as to whether a policing matter or security matter is involved, a Minister will be required to act impartially. As Senators will be aware, a number of important security related matters are already dealt with by the Minister, including authorising the interception of communications.

I also understand that the approach adopted in the Bill is in line with similar arrangements that have been made in Northern Ireland and in Scotland regarding security matters. In the circumstances, the Minister considers that the measures for dealing with the relevant concerns in the Bill are appropriate and, accordingly, I ask the Senator not to press the amendments.