Ireland's first national security watchdog begins his term in office

As the first Independent Examiner of Security Legislation, George Birmingham has a long list of responsibilities regarding the laws, and the operation and effectiveness, of the country’s security services. Picture: Arthur Ellis 

Ireland’s first national security watchdog is putting in place “all appropriate and reasonable” operational and safety measures to ensure that sensitive information provided to him by the security services is secure.

The new Independent Examiner of Security Legislation is also in contact with security agencies and relevant departments to set down agreed processes and procedures for working together and sharing information.

Former Court of Appeal president

George Birmingham, who retired last year as president of the Court of Appeal, has a sweeping set of responsibilities regarding the laws, and the operation and effectiveness, of the country’s security services.

The examiner, who formally started his role on April 2, has been given a budget of €1.55m for 2025. He has been working informally in the role over recent months.

He has been allotted a small team of civil servants — but does have the legal entitlement to hire in consultants and advisers as he deems necessary.

The Office of the Independent Examiner has taken over the old office of the Garda Inspectorate on St Stephen’s Green, Dublin. The inspectorate has been merged with the old Policing Authority to create the new Policing and Community Safety Authority.

The authority will continue to have an oversight role regarding policing and criminal intelligence, but matters of security, both within the gardaí, and in other agencies, will come under the remit of the Independent Examiner.

The main exception is the examiner’s role in overseeing laws concerning surveillance, interception, and data retention powers, which relates to both security and criminal cases.

Up until now, three separate High Court judges examined the use of these spying powers by all agencies legally authorised to use them.

Further duties under the legislation 

In addition to these extensive responsibilities, the Independent Examiner has three other main duties under the Policing, Security and Community Safety Act. They are to:

• Review the operation and effectiveness of security legislation to ensure it remains necessary and fit for purpose and contains sufficient safeguards for protecting human rights;
• Examine the efficiency and effectiveness of the delivery of security services;
• Review cases where information providers may refuse to provide information to the Police Ombudsman and the Policing and Community Safety Authority on the grounds of security of the State.

The provision regarding a general examination role of the “efficiency and effectiveness” of the security services is a very wide task and is expected to require a substantial amount of work.

Agencies obliged to co-operate

State offices and agencies that have a security remit will be obliged to co-operate with the Independent Examiner, although concerns have been expressed about the extent of the powers of the Independent Examiner in accessing all and any information he deems necessary.

While no complete list of agencies and departments that come within the examiner's remit has been published, it primarily covers the security side of the Garda National Crime & Security Intelligence Service and J2, the Defence Forces Directorate of Military Intelligence.

Relevant sections of the Department of Justice and Department of Defence are also included.

It may well also include the Department of the Taoiseach, such as the National Security Analysis Centre, as well as other bodies. 

The range of agencies is wider in relation to surveillance powers.

€1.55m budget for 2025

In response to questions, the Office of the Independent Examiner said their budget for 2025 was €1.55m and that they were based in the offices of the old Garda Síochána Inspectorate.

The office was also asked about security measures, particularly given the long-running concerns of security services, particularly the gardaí, regarding the lack of security, both legal and technical, at the National Security Analysis Centre, which prevented the services in sharing sensitive information on national security.

The statement from the office said: “It would not be customary to provide details of operational or technical arrangements for security reasons. Section 251 of the founding legislation requires the Independent Examiner put in place 'all necessary and reasonable measures to ensure the security of any information, document or thing provided to him or her or otherwise obtained by him or her in the course of performing his or her functions'. Work is underway to ensure that all appropriate and reasonable physical, technological and procedural measures will be in place to meet this requirement.” 

The statement said the Independent Examiner has been in contact with “all relevant parties” and will collaborate with each of them on memorandums of understanding as appropriate over the coming months.

The statement said the Office of the Independent Examiner has a team in place, with members at principal officer, assistant principal officer, higher executive officer and executive officer levels, and also a legal secretary.

It said the establishing legislation also provides for the Independent Examiner to engage consultants and advisers as necessary.