Defence Act 1954

F437[Power of External Oversight Body to request information.

325

325.(1) Where, in the opinion of the External Oversight Body, the Chief of Staff possesses information or possesses or controls a document or thing that is relevant to the performance by the External Oversight Body of its functions, the External Oversight Body may request in writing the Chief of Staff—

(a) to give to the External Oversight Body such information, document or thing, and

(b) where appropriate, to attend a meeting with the External Oversight Body.

(2) Where the External Oversight Body makes a request of the Chief of Staff under subsection (1), the Chief of Staff—

(a) shall, subject to subsection (3), as soon as practicable comply with the request, and

(b) may, where he or she believes that it would be of assistance to the External Oversight Body, request that any of the following persons accompany him or her to attend the meeting with the External Oversight Body:

(i) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank;

(ii) a civil servant (within the meaning of the Civil Service Regulation Act 1956) not below the rank of principal officer who works directly with the Defence Forces.

(iii) a civilian employed under section 30(1)(g) holding a position with a salary no lower than the first point of the salary scale of a person holding the rank of principal officer in the civil service.

(3) The Chief of Staff may, upon receipt of a request under subsection (1), withhold or redact any information, document or thing, where in the opinion of the Chief of Staff, the giving of such information, document or thing may affect adversely—

(a) an ongoing investigation under Part V or an ongoing proceeding before a court-martial,

(b) the security of the State,

(c) the defence of the State,

(d) matters relating to Northern Ireland, or

(e) international relations of the State.

(4) Where the Chief of Staff is of the opinion that subsection (3) applies in relation to a request made of him or her, the Chief of Staff shall so notify the External Oversight Body in writing.

(5) The Chief of Staff shall, upon receipt of a request under subsection (1), redact all personal data (within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161) to which that request relates from the information, document or thing concerned before giving that information, document or thing to the External Oversight Body.]

Annotations

Amendments:

F437

Inserted (6.11.2024) by Defence (Amendment) Act 2024 (25/2024), s. 21, S.I. No. 609 of 2024.