Bill allows security services to withhold information from new watchdog

Government proposals for a security services watchdog would give intelligence agencies power to withhold information they deem necessary to safeguard sources, the Australian security monitor has warned.

The Government’s current proposals for a new security services watchdog would give the intelligence agencies the legal power to withhold information they deem necessary to safeguard their sources, the Australian security monitor has warned.

The new Independent Examiner of Security Legislation is being modelled on the Australian and British equivalents and promises, for the first time, oversight of security services in Ireland.

The proposal is part of the General Scheme of Policing, Security and Community Safety Bill.

Grant Donaldson SC, the independent national security legislation monitor in Australia, is due to speak at a conference in the University of Galway today.

In an interview with the Irish Examiner, Mr Donaldson said he is legally entitled to see “anything and everything” he wants to from Australian security services.

He said there is a section in the Irish bill that alarms him, regarding the provision of information by ‘information holders’ — security services — to the monitor.

The section says: “In fulfilling their obligations under this head, information holders shall ensure that any information, document or thing provided to the Examiner is subject to any exclusions or redactions the information holder considers are necessary to safeguard international intelligence sources and/or conceal the identity of a person, where revealing the person’s identity might endanger the life or safety of any person.” 

Grant Donaldson says there is a section in the Irish bill that alarms him, regarding the provision of information by ‘information holders’ — security services — to the monitor.

Mr Donaldson said: “We don’t have any equivalent of that. There are no exclusions or redactions on the provision of information to my office. We see everything and anything we want to see. And then the decision is ours as to what is publicly disclosed.” 

He said he is restricted in “unclassified” reports from including information that is “operationally sensitive” or reveals cabinet deliberations.

The draft Irish bill obliges the examiner to allow the relevant security service and minister to check any report intended for submission to the Taoiseach and agree redactions if they consider the report contains sensitive information that should not be published.

Mr Donaldson said his power to hold public hearings is "very critical" and he can compel security service bosses to attend.

The bill does not contain any explicit provisions for holding public hearings.