Policing, Security and Community Safety Act 2024

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Chapter 4

Reporting

Annual report of Independent Examiner

244. (1) Subject to subsection (3)(a) and section 249 , the Independent Examiner shall, not later than 3 months after the end of each year, prepare and submit to the Taoiseach a report on his or her activities under this Act, the Act of 1993, the Act of 2009 and the Act of 2011 during the preceding year (in this Part referred to as the “annual report”).

(2) Subject to section 249 , an annual report shall include—

(a) a review of the operation and effectiveness of the Act of 1993, the Act of 2009 and the Act of 2011 in the period to which the report relates,

(b) subject to subsection (3)(b), at least once every 3 years, a review of the operation and effectiveness of the enactments, other than those referred to in paragraph (a), which fall within the definition of “security legislation”,

(c) without prejudice to paragraphs (a) and (b), a general statement regarding the performance by the Independent Examiner during the period to which the report relates of his or her functions, including, subject to subsection (3)(c), such additional functions as may be conferred on him or her under section 234 (9)(a),

(d) a general statement regarding any notifications received during the period to which the report relates under section 204 (7),

(e) details of any request referred to in subsection (3) made by the Independent Examiner and any decision of the Taoiseach in relation to such request, and

(f) such recommendations, having regard to his or her objectives referred to in section 234 (1), as appear to the Independent Examiner to be appropriate.

(3) The Taoiseach may, where he or she receives a request in writing in that regard from the Independent Examiner in relation to an annual report—

(a) grant an additional period of up to 6 months, commencing on the expiry of the period referred to in subsection (1) or (5), as the case may be, for the submission of the annual report under the subsection concerned,

(b) where a review of an enactment to which subsection (2)(b) applies would, by virtue of the operation of that subsection, otherwise be required to be included in the annual report, permit such review not to be included in that annual report and to be included instead in the annual report in the following year, and

(c) where a general statement regarding the performance by the Independent Examiner of such additional functions as may be conferred on him or her under section 234 (9)(a) would, by virtue of the operation of subsection (2)(c), otherwise be required to be included in the annual report, permit such statement not to be included in that annual report and to be included instead in the annual report in the following year.

(4) The Taoiseach shall ensure that, as soon as practicable after he or she receives a copy of the annual report, a copy of it is laid before each House of the Oireachtas.

(5) Notwithstanding subsection (1), if, but for this subsection, the first annual report under that subsection would relate to a period of less than 6 months, that annual report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be, but not later than 3 months, after the end of that year.