Criminal Justice Act 2013


Application for authorisation

21. (1) An application for an authorisation shall—

(a) subject to subsection (2), be made in writing by a member of the Garda Síochána not below the rank of Assistant Commissioner (in this Part referred to as “the applicant”),

(b) include sufficient information to enable the Minister to determine whether the conditions specified in section 20(2) are met in relation to the authorisation being applied for, and

(c) include a statement by the applicant that he or she has reasonable grounds for believing that a serious threat exists.

(2) (a) The Minister, where he or she is satisfied that the case is one of exceptional urgency, may consider an application under this section that is made orally.

(b) Where paragraph (a) applies, the applicant concerned shall, as soon as possible, confirm the application in writing to the Minister.

(3) The Minister shall consider an application under this section and shall make any inquiries he or she thinks necessary for that purpose.

(4) Where, having considered an application under this section, the Minister refuses to give an authorisation, he or she shall notify the applicant forthwith and shall specify the reasons for that refusal.

(5) A notification referred to in subsection (4) may, if the Minister considers that the case is one of exceptional urgency, be given orally provided that the notification shall be confirmed in writing as soon as practicable.

(6) The Minister shall arrange for a record of any notifications given under this section (which shall include the Minister’s reasons for refusing an application) to be kept.

(7) Notwithstanding any other enactment or rule of law, the Minister may, in the interests of public safety or the security or essential interests of the State, refuse to disclose to any person, other than a court—

(a) the fact of an application for an authorisation having been made, or any information or statement contained in it,

(b) the fact of a refusal to give an authorisation,

(c) a notification referred to in subsection (4), or

(d) an authorisation or its content.