Government appoints Ireland's first ever security watchdog

Mr Justice George Birmingham is to become the country’s first ever oversight judge for Ireland’s security services. File picture: Arthur Ellis

The country’s first ever oversight judge for Ireland’s security services is Mr Justice George Birmingham.

Among a slew of justice appointments by the Cabinet, the designation of the recently retired senior judge as Ireland’s first Independent Examiner of Security Legislation is hailed as a landmark in Ireland’s national security architecture.

Justice Minister Helen McEntee said the appointment, along with the appointments to the new Policing and Community Safety Authority (PCSA) and the new internal Garda Board, would be commenced on December 16.

The Independent Examiner has very broad, and demanding, responsibilities including the operation and effectiveness of various security and surveillance laws and a “general examination function in relation to the delivery of security services”.

It also has a potentially fraught task of reviewing disputes between policing and security services — namely An Garda Síochána — and oversight bodies such as the re-named Police Ombudsman and the PCSA.

Some legal sources have privately expressed a lack of enthusiasm at the development, mainly because of what they see as serious shortcomings in the office's legal powers.

Others sources point to a lack of funding provision in Budget 2025 to the office, in terms of a secure premises, cyber secure IT and staff. There are some suggestions he does have an office. All of the other oversight bodies have individual, and considerable, provisions in Budget 2025.

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In September 2022, the Australian National Security Monitor, Grant Donaldson told the Irish Examiner that the Irish office (as then proposed) was “going to be a very big job” and seemed to be a hybrid of his functions and that of the Australian Inspector General of Intelligence and Security.

The Irish Examiner sought clarification from the Department of Justice if all, or just some, of the powers and functions of the office — as laid out in the Policing, Security and Community Safety Act 2024 — would be commenced on December 16.

Ms McEntee said Mr Justice Birmingham had recently retired as President of the Court of Appeal and also served in the Court of Appeal and the High Court. His name was suggested by the Chief Justice following a request from the Attorney General.

Other appointments

The Cabinet also signed off on Elaine Byrne as the incoming chair of the PCSA. She is currently the chair of the Policing Authority. The PSCA merges the authority and the Garda Inspectorate.

PCSA members are former Labour councillor and TD Joe Costello, former assistant commissioner Michael Feehan, UCC law lecturer Nessa Lynch, Galway city council manager Martin Maloney, head of Barnardos' Guardian ad litem Freda McKittrick, former HSE boss Tony O’Brien, former Department of Justice assistant secretary Ken O’Leary and CEO of Aoibhneas domestic violence support group Emma Reidy.

Donal de Buitléir has been designated chair of the Garda Board. Members are former DPP Claire Loftus, former assistant commissioner Jack Nolan, two former civil servants and four corporate appointments.