Security watchdog 'must have access' to secret information

Under the bill, Defence Forces, gardaí, and other agencies, are legally protected in withholding any information if they believe it is necessary to safeguard international intelligence sources or protect the identity of a source.

There should not be any “no go” areas for the new watchdog for Irish security services, the British terrorism reviewer has said.

Senior barrister Jonathan Hall, the British independent reviewer of terrorism legislation, was commenting on the forthcoming establishment of the independent examiner on security.

Mr Hall was speaking at a cross-border conference on surveillance, covert policing and oversight, organised by the Irish Council for Civil Liberties and the Committee on the Administration of Justice.

The independent examiner is being created under the Policing, Security and Community Safety Bill, which is currently going through the Oireachtas.

It will have a very broad role, including overseeing the effectiveness of Ireland's security agencies and sections, examining the use of various security legislation and surveillance powers, and act as an arbiter in access disputes between other bodies and gardaí.

Under the bill, the gardaí, Defence Forces, and other agencies, are legally protected in withholding any information if they believe it is necessary to safeguard international intelligence sources or protect the identity of a source.

Mr Hall said complete access to information is a “non-negotiable issue” and added: “Once you say there are ‘no go’ areas it’s not just the question of the public’s confidence in the person to do their job, it’s the fact that those ‘no go’ areas will spread.” 

He said international intelligence services do need to be reassured by the Irish agencies that they are not going to give information to someone who is not secure, but said the answer to that is to make sure the successful applicant for the position is “fully vetted”.

He said he understands why the fear would exist among the Irish intelligence services, but said: "I would say the answer is not to block-off sources of information but to make sure the person is fully trusted.” 

He said he doesn’t have extensive powers for his office, but said he has not had any significant issue accessing information.

“My duty is to report to parliament," he said, "and its understood that in order to do that I get access to secret information, when I need it. That’s the bargain.” 

He advised Irish authorities to expand the examiner role beyond the confines of a senior judge, as proposed. 

The barrister said it is definitely worth thinking of a broader range of people that could apply: “The first examiner sets the tone and you are establishing a confidence in the role.” 

Other speakers at the conference were journalists Barry McCaffrey and Trevor Birney and the first police ombudsman for Northern Ireland, Nuala O'Loan.