Policing, Security and Community Safety Act 2024
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Amendment of Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 | ||
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274. (1) The Act of 1993 is amended— | ||
(a) in section 1— | ||
(i) by the deletion of the following definitions: | ||
(I) “the chairperson of the Garda Síochána Ombudsman Commission”; | ||
(II) “the designated judge”, | ||
and | ||
(ii) by the insertion of the following definitions: | ||
“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024; | ||
‘Independent Examiner’ has the same meaning as it has in the Act of 2024;”, | ||
(b) in section 2(7), by the substitution of “Independent Examiner” for “designated judge”, | ||
(c) in section 4(a)— | ||
(i) in subparagraph (i)(I), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”, and | ||
(ii) in subparagraph (ii)(I)(B), by the substitution of “Police Ombudsman” for “Garda Síochána Ombudsman Commission”, | ||
(d) in section 6(1)(a)(i)(II), by the substitution of “Police Ombudsman” for “chairperson of the Garda Síochána Ombudsman Commission”, | ||
(e) in section 7, by the substitution of “Police Ombudsman” for “chairperson of the Garda Síochána Ombudsman Commission”, | ||
(f) by the substitution of the following section for section 8: | ||
“Duties of Independent Examiner in relation to Act | ||
8. (1) The Independent Examiner shall undertake the duties specified in this section. | ||
(2) The Independent Examiner shall have the duty of ascertaining whether the provisions of this Act are being complied with. | ||
(3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner— | ||
(a) shall have the power to investigate any case in which an authorisation has been given, and | ||
(b) without prejudice to section 242 of the Act of 2024, shall have access to and may inspect any official documents relating to an authorisation or the application therefor. | ||
(4) The Independent Examiner may, if he or she thinks it desirable to do so, communicate with the Taoiseach or the Minister on any matter concerning interceptions. | ||
(5) Without prejudice to section 242 of the Act of 2024, every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, an authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the Independent Examiner, on request by him or her, such information as is in his or her possession relating to the application or authorisation. | ||
(6) If the Independent Examiner informs the Minister that he or she considers that a particular authorisation that is in force should not have been given or (because of circumstances arising after it had been given) should be cancelled or that the period for which it was in force should not have been extended or further extended, the Minister shall, as soon as may be, inform the Minister for Environment, Climate and Communications and shall then cancel the authorisation. | ||
(7) Nothing in this section shall affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988 and Part 6 of the Data Protection Act 2018 .”, | ||
(g) in section 9, by the substitution of “Independent Examiner” for “designated judge” in each place where it occurs, and | ||
(h) in section 10— | ||
(i) in subsection (2)(d)(i), by the substitution of “or any designated officer (within the meaning of the Act of 2024)” for “or any person engaged by the Garda Síochána Ombudsman Commission under section 74 of the Garda Síochána Act 2005 who is designated by it under section 73 of that Act to perform functions under any provisions of Part 4 of that Act”, and | ||
(ii) in subsection (3), by the substitution of “Independent Examiner” for “designated judge”. | ||
(2) For a period of 3 months from the date of the coming into operation of this section, the Act of 1993 shall, for the purpose specified in subsection (3), continue to apply as if section 8 of that Act had not been amended by subsection (1)(f). | ||
(3) The purpose referred to in subsection (2) is to permit the designated judge to undertake the duties specified in section 8 of the Act of 1993, insofar as those duties apply to the operation of that Act, and compliance with its provisions, prior to the coming into operation of this section. | ||
(4) Without prejudice to subsection (2) and notwithstanding the coming into operation of subsection (1)(f)— | ||
(a) subsection (6) of section 8 of the Act of 1993 shall continue to apply for the purpose of permitting the Minister to undertake the duties specified on him or her under subsection (6) of section 8 of the Act of 1993, and | ||
(b) subsections (7) and (8) of section 8 of the Act of 1993 shall continue to apply to a report prepared pursuant to subsection (3), | ||
as if those subsections had not been amended by subsection (1)(f). | ||
(5) In this section— | ||
“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 ; | ||
“designated judge” means the person standing designated for the purposes of the Act of 1993 under section 8 of that Act at the time of the coming into operation of this section. |