Policing, Security and Community Safety Act 2024

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Objectives, functions and powers of Independent Examiner

234. (1) The objectives of the Independent Examiner shall be—

(a) to promote public confidence in security legislation,

(b) to support the Government in protecting the security of the State,

(c) to ensure that information relating to his or her functions is made available to the public to the greatest extent possible without prejudicing the security of the State, defence or international relations, and

(d) to ensure that his or her functions are performed in a timely, efficient and effective manner.

(2) Subject to this Act, the Independent Examiner shall have the following functions:

(a) to keep under review the operation and effectiveness of security legislation, including by examining—

(i) whether security legislation—

(I) is effective and proportionate in its objectives in so far as they relate to the protection of the security of the State, and

(II) contains sufficient safeguards for the protection of human rights,

and

(ii) the ongoing necessity of the legislation for the protection of the security of the State;

(b) to carry out reviews (within the meaning of section 243 ) and issue recommendations under that section;

(c) to examine the efficiency and effectiveness of the delivery of security services;

(d) to prepare annual reports, special reports, and reports under section 246 ;

(e) to perform any other functions conferred on the Independent Examiner by or under this Act or any other enactment.

(3) Subject to this Act, the Independent Examiner shall be independent in the performance of his or her functions.

(4) The Independent Examiner shall, in the performance of his or her functions, have regard to the functions of other public bodies.

(5) The Independent Examiner shall have all such powers as are necessary or expedient for the performance of his or her functions.

(6) Where, in the course of the performance of his or her functions, the Independent Examiner becomes aware of a matter, in relation to an information holder, that is relevant to the functions of an independent oversight body in relation to the information holder, the Independent Examiner shall notify the matter to that body in writing.

(7) Where the Independent Examiner is of the opinion that an enactment, other than an enactment which falls within the definition of “security legislation”, relates to the protection of the security of the State—

(a) subsection (2)(a) shall apply as if the references to security legislation in that subsection included references to that enactment, and

(b) the Independent Examiner shall inform the Minister of such opinion.

(8) Where the Minister is informed under subsection (7) by the Independent Examiner of an opinion referred to in that subsection, the Minister shall inform such other Ministers of the Government as he or she considers appropriate of such opinion.

(9) The Taoiseach may, having consulted with the Independent Examiner and such Ministers of the Government as he or she considers appropriate, by regulation—

(a) confer on the Independent Examiner such additional functions relating to the protection of the security of the State as the Taoiseach considers appropriate, subject to such conditions (if any) as may be specified in the regulation, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to, or arising out of, the conferral of those additional functions.

(10) The Taoiseach shall, prior to making regulations under subsection (9), have regard to the objectives of the Independent Examiner specified in subsection (1) and the existing functions of the Independent Examiner under this Act or any other enactment.

(11) In this section, “independent oversight body”, in relation to an information holder, means a public body, independent in the performance of its functions, which has as its purpose the oversight, inspection or investigation of, or the examination otherwise of material held by, the information holder.