As the Deputy is aware, the office of the Independent Examiner of Security Legislation was formally established on the commencement of the Policing, Security and Community Safety Act 2024 on 2 April 2025. Mr Justice George Birmingham, former President of the Court of Appeal, is the current office holder.
The Independent Examiner is an entirely new role and represents a significant development in enhancing independent oversight by reviewing the use of legal powers in the area of security, the delivery of security services and the effectiveness of our national legislation.
The primary function of the Independent Examiner is to examine and keep under review the operation of legislation relating to the security of the State and the prevention and investigation of terrorism. The office is intended to help promote public confidence in national security measures by assessing whether security legislation is necessary, proportionate and effective in protecting the security of the State while containing the appropriate human rights safeguards.
The Independent Examiner is independent in the performance of his functions. He reports annually to Taoiseach on the use of security powers, and the performance of his functions generally. He is also empowered to produce other subject matter reports on his own initiative or at the request of the Taoiseach.