Garda Síochána (Recording Devices) Act 2023

49

Review of operation of Parts 3 and 6

49. (1) The President of the High Court shall, after consulting with the Minister, invite a judge of the High Court to undertake (while serving as such a judge) the functions specified in this section and, if the invitation is accepted, the Government shall designate the judge (in this section referred to as the “designated judge”) for the purposes of performing those functions.

(2) The designated judge shall hold 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 Parts 3 and 6, 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 Parts that the designated judge considers should be reported.

(4) A person in charge of any premises where a member of Garda personnel is stationed 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 premises or places, and to the authorisations, written records of approvals, reports and other relevant documents that the designated judge may request.

(5) 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 (6).

(6) 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 (5), would be prejudicial to the security of the State, the Taoiseach may exclude that matter from those copies.