Criminal Justice (Surveillance) Act 2009

12.

Review of operation of this Act by designated judge.

12.— (1) After consulting with the Minister, the President of the High Court shall invite a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and, if the invitation is accepted, the Government shall designate the judge for the purposes of performing those functions.

(2) The designated judge holds office in accordance with the terms of the designation.

(3) The functions of the designated judge are to—

( a) keep under review the operation of sections 4 to 8 , and

( b) report to the Taoiseach from time to time and at least once every 12 months concerning any matters relating to the operation of those sections that the designated judge considers should be reported.

(4) For the purpose of performing his or her functions the designated judge may investigate any case in which an authorisation is issued under section 5 or renewed or varied under section 6 or an approval is granted under section 7 or 8 .

(5) A person in charge of a Garda Síochána station within the meaning of section 99(10) of the Garda Síochána Act 2005, a place under the control of F16 [ the Ombudsman Commission, ] the Defence Forces or the Revenue Commissioners or any other place in which documents relevant to the performance of the functions of the designated judge are kept shall ensure that the designated judge has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the designated judge may request.

(6) The Taoiseach shall ensure that a copy of a report under subsection (3)(b) is laid before each House of the Oireachtas not later than 6 months after it is made, together with a statement of whether any matter has been excluded under subsection (7).

(7) If the Taoiseach considers, after consultation with the designated judge, that the publication of any matter in a report, copies of which are to be laid before the Houses under subsection (6), would be prejudicial to the security of the State, the Taoiseach may exclude that matter from those copies.

(8) Where the designated judge investigates a case under subsection (4) and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under section 11 (11) .