Criminal Justice (Surveillance) Act 2009
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 F43[the Ombudsman Commission,] the F44[Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission] 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).
Annotations
Amendments:
F43
Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(i), S.I. No. 150 of 2015.
F44
Substituted (27.09.24) by Competition (Amendment) Act 2022 (12/2022), s. 35(i), S.I. No. 448 of 2023.
F45
Substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(i), not commenced as of date of revision.
Modifications (not altering text):
C11
Prospective affecting provision: section substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(i), not commenced as of date of revision.
F45[Duties of Independent Examiner in relation to Act
12.— (1) The Independent Examiner shall undertake the duties specified in this section.
(2) The Independent Examiner shall ascertain whether An Garda Síochána, the Police Ombudsman, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.
(3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner 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.
(4) Without prejudice to section 242 of the Act of 2024, a person in charge of a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman, the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission or any other place in which documents relevant to the performance of the functions of the Independent Examiner are kept shall ensure that the Independent Examiner has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Independent Examiner may request.
(5) Where the Independent Examiner investigates a case under subsection (3) 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).]