Attorney General to consult Chief Justice in selection of State's Independent Examiner of security

The Department of Justice statement said: 'The Minister intends to request the Attorney General (pictured) to consult with the Chief Justice to identify a suitable person and will then seek Cabinet approval for the appointment on a designate basis in preparation for the commencement of the Act.' File photo: Mark Stedman

The Attorney General is to consult with the Chief Justice to identify the judge to be the country’s first oversight examiner of the security services.

The position of Independent Examiner of Security Legislation will start as a designate role until the office is up and running.

The Department of Justice said officials are currently trying to identify an appropriate premises, which will need to have a high level of digital and physical security. The department also said it is currently identifying “suitably qualified/experienced staff” to work in the new agency.

In a statement, the department said sanction is approved for five staff for the initial start-up phase and that further appointments will be based on a work plan for the next three years devised by the Independent Examiner.

The creation of the new role stemmed from recommendations in the Commission on the Future of Policing in Ireland (CoFPI) report, published in September 2018. The post was provided for under the Policing, Security and Community Safety Act 2004, which was enacted last February.

Independent Examiner's roles

The Independent Examiner has a wide-ranging remit, including subsuming the existing interception and surveillance oversight roles currently carried out by separate judges.

Secondly, it has an extensive role regarding the adequacy of security legislation generally and its operation by gardaí and other security agencies as well as offices of the State.

Thirdly, it has a very broad function in terms of examining the “efficiency and effectiveness” of the delivery of security services, which will require substantial knowledge, and investigation, of security operations as well the resources and technology available to the services.

Fourthly, the Examiner will have a function in reviewing refusals of information to the policing oversight bodies on grounds of State security.

The post is also tasked with supporting the Government in protecting the State security and promoting public confidence in security legislation.

Candidates

The legislation limits eligible examiners to current or former senior judges, in contrast to the CoFPI which widened it to include anyone with a “strong legal background” with “great credibility within the legal profession”.

The Department of Justice said a senior judge “will have the necessary experience and expertise in the balancing of competing rights” and provides “guarantees of independence and impartiality”.

Its statement said: “The Minister intends to request the Attorney General to consult with the Chief Justice to identify a suitable person and will then seek Cabinet approval for the appointment on a designate basis in preparation for the commencement of the Act.” 

Office

It said planning for commencement of the 2024 Act is well advanced with a view to full commencement “later this year”. It said the Act makes the Minister, following consultation with the Independent Examiner, responsible for funding, premises and staff.

“Work is ongoing to secure appropriate premises and identifying suitably qualified/experienced staff who will be subject to security vetting,” it said.

“In the normal way work will be undertaken by the Independent Examiner and their team, following establishment, to design out and scale up the office over 1-3 years.

“Sanction has been secured for the allocation of five staff for the start-up phase, with a budget of €760,000 for 2024. 2025 will be the first full year of the operation of the office and the budget will increase based on the work plan of the office.”