Carol Nolan (Offaly, Independent)
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644. To ask the Tánaiste and Minister for Justice and Equality the number of applications made by An Garda Síochána for a section 63 order under the Criminal Justice Act 1994 in 2023, 2024 and to date in 2025; the numbers of orders granted during this timeframe; and if he will make a statement on the matter. [7372/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Under Section 26 of the Garda Síochána Act 2005 (as amended), Section (a) the Garda Commissioner is responsible "to direct and control the Garda Síochána" and Section (b) "to carry on and manage and control generally the administration and business of the Garda Síochána".

As Minister I have no role in these independent functions and I am unable to seek to intervene with, influence or direct the Commissioner in these matters.

Section 63 of the Criminal Justice Act 1994 (as amended by the Criminal Justice (Mutual Assistance) Act 2008) relates to preservation and production orders. Under the legislation, applications for such orders are made by members of An Garda Síochána, and considered by a judge of the District Court.

As Minister, I am not a party to such applications. Furthermore, the decision to grant or not grant an application is solely a matter for the Judiciary, who are completely independent in the exercise of their functions. The courts are subject only to the Constitution and the law, are independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge, under the provisions of the Courts Service Act 1998.