Damien English (Meath West, Fine Gael) | Oireachtas source

When one reads the amendment closely and goes through the detail it does not in any sense accord an untrammelled power to the Minister. That is not what we are trying to do. I accept one might be concerned about handing over too much power to the Minister.The Minister can only make an order under this section having been requested to do so by the Ministers for Justice and Equality, Foreign Affairs and Trade and Defence. Moreover, that can happen only with the approval of the Government. It is not that the power is given to any one individual Minister. It is a Government decision and it involves three or four Departments as well. That is clearly set out.

Furthermore, as it is normal for a person affected to have recourse to the courts in respect of such a decision, the provisions in the proposed section 44A(12) are designed to ensure that the conduct of the court proceedings would not of themselves cause damage to the vital national interests that the order has sought to protect. That is simply common sense given the nature of the issues at hand. Of course it is a matter solely for the courts to decide on the provision of disclosure of evidence or documents or other precautions that would be taken in the course of proceedings. The courts operate independently subject only to the Constitution and the law. These precautions serve as much to protect the interest of the person or body challenging the order as they serve the national interest.

It is proposed to amend section 195 of the Act of 2000, which deals with compensation, to ensure that it applies to the proposed section 44A. Certainly, the idea is not to give extreme powers to the Minister. The order is brought forward by the Department of Justice and Equality, the Department of Foreign Affairs and Trade and the Department of Defence for good reason. It is brought through the Government as well. I accept the measure has been brought in at a late stage and I cannot argue with that point, but I appeal to Senators to bear in mind that it is a matter of national security. That is why we are putting it in. Certainly, the precautions are there to ensure that it is not abused.