Policing, Security and Community Safety Act 2024

Sensitive information

249. (1) Where the Independent Examiner proposes including, in an annual report, a special report or a report under section 246 , sensitive information provided to him or her, he or she shall consult in relation to the sensitive information concerned with the relevant information holder and the relevant Minister of that information holder prior to submitting the report concerned under section 244 (1), subsection (1) or (3) of section 245 or section 246 (1), as the case may be.

(2) Where, in relation to sensitive information provided to the Independent Examiner, a relevant information holder or the relevant Minister forms the view that a report referred to in subsection (1) contains sensitive information that is not suitable for publication, the Independent Examiner shall—

(a) prior to submitting the report concerned under section 244 (1), subsection (1) or (3) of section 245 , or section 246 (1), as the case may be, agree with the relevant information holder or relevant Minister, as the case may be, such redactions or amendments to the report as shall render it suitable for publication, and

(b) subject to subsection (3), submit the report as so redacted or amended to the Taoiseach under section 244 (1), subsection (1) or (3) of section 245 , or section 246 (1).

(3) Where subsection (2) applies to an annual report, a special report or a report under section 246 and the Independent Examiner is of the opinion that to do so is necessary for the proper performance of his or her functions, he or she may submit to the Taoiseach—

(a) a version of the annual report, special report or report that is redacted or amended under subsection (2), and

(b) a version of such report that is not so redacted or amended.

(4) Where the Independent Examiner submits 2 versions of an annual report, a special report or a report under section 246 to the Taoiseach pursuant to subsection (3), a reference in—

(a) section 244 (4), 247 or 248 (1) to the annual report,

(b) section 245 (4), 247 or 248 (1) to the special report, or

(c) section 246 (3), 247 or 248 (1) to the report,

shall be construed as a reference to the version of the report that is redacted or amended under subsection (2).

(5) In this section, “relevant information holder”, in relation to sensitive information, means the public body that provided the sensitive information to the Independent Examiner.