Ireland 'is facing an increasing threat from foreign interference'

A proposal to establish an independent examiner of security legislation is contained in the Policing, Security and Community Safety Bill — but experts warn the proposed new office will not have sufficient powers. 

Ireland is facing an “increasing threat” from foreign interference, espionage, and a generally more aggressive stance from hostile states, the Government’s top security adviser has said.

Dermot Woods, director of the National Security Analysis Centre (NSAC) also said right-wing extremism in Ireland was “increasingly concerning”.

The senior civil servant was speaking at a security conference at University of Galway, opened by Justice Minister Helen McEntee.

The conference examined the proposed establishment of a new oversight body for the security services in Ireland, as contained in the general scheme of the Policing, Security and Community Safety Bill. The independent examiner of security legislation would have a wide range of powers, including:

• examining the operation of security legislation;
• reviewing the effectiveness of security services;
• reviewing appeals by policing oversight bodies refused access by gardaí to information and investigate surveillance powers.

Mr Woods, assistant secretary general in the Department of the Taoiseach, said the security situation in Europe has “significantly deteriorated” due to Russia’s war against Ukraine.

“In common with many partner states, we face an increasing threat from foreign interference and disruption, from espionage — traditional or cyber — from disinformation, from attacks on our democratic systems, from economic interference, from intellectual property theft and from a generally increased aggressive stance by some hostile states,” he said.

He also said right-wing extremism was an “increasingly concerning” feature in Ireland and was a “point of live concern” for authorities here and partner countries.

He said the proposed examiner would have “far-reaching powers” and “far-reaching access to information”.

His comments follow concerns expressed in the 'Irish Examiner' by Australia’s independent national security legislation monitor at provisions in the bill which would allow security services to redact or exclude information sought by the examiner if they thought it would reveal intelligence sources.

Grant Donaldson said the provision was the “complete opposite” to his act, which entitles him to “see everything and anything”.

Marie Breen-Smyth, the independent reviewer in the North, said it was “troubling” the provision allowed redaction, adding: 

“If I was offered a redacted version, I’d refuse it.”

Australia's independent national security legislation monitor, Grant Donaldson, said the terms of the proposed new examiner in Ireland were the 'complete opposite' to his own, which entitle him to 'see everything and anything'. 

Commending the bill generally, David Anderson, the former independent reviewer of terrorism legislation in Britain, said the provision “would need or benefit from further debate”, but said he understood garda concerns about protecting the identity of a source.

John O’Callaghan, deputy secretary general of Department of Justice, said that what was being designed was for an Irish context.

He said Ireland was a small country and was a “taker of intelligence” from foreign agencies and that the concern was that the oversight system would not disadvantage Irish agencies in terms of their access to that intelligence.

He said regardless what powers the examiner had, there was no doubt that the “calibre” of the person appointed was critical.

Conference organiser and Professor of Law at University of Galway, Donncha O’Connell, said there was “no point” in having a period of “failed regulation and oversight” until people got comfortable with it and then got it right.

He said: “There have been too many examples of that in Ireland.”