Islamist terrorism is a “significant cause of concern” for Ireland — either because of possible attacks here or attacks planned here but carried out in a neighbouring country — Ireland's security oversight judge has said.
In his first report, the independent examiner of security legislation also said there are potential threats from extreme right-wing and extreme left-wing terrorism, as well as from the activities of hostile states.
Former High Court judge George Birmingham was appointed a year ago as Ireland’s first oversight judge for a broad range of security legislation, as well as the operation of the State’s security services.
The position was first recommended by the Commission on the Future of Policing in Ireland in its report in September 2018.
Mr Birmingham's annual report was submitted to the Taoiseach on 16 April and has been published by the department of the Taoiseach.
His first report focuses on the use of legal security powers and recommendations for improvements in legislation, in particular modernising 30-year-old phone interception laws.
His recommendations include:
The recommendations will require changes, respectively, to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, the Criminal Justice (Surveillance) Act 2009, and the Communications (Retention of Data) Act 2011.
Previous oversight judges for telecommunications laws repeatedly called for reform, but proposed legislation by successive governments did not progress. A Bill is now being developed by the Department of Justice, with provisions expected to be updated, including those relating to encrypted devices.
In his foreword, Mr Birmingham said that “few people” would question the need for security legislation designed to protect the State and combat serious crime.
“However, there can be legitimate concern whether overreach is possible and whether legislation sufficiently addresses matters in relation to the safeguarding of human rights and civil liberties. A failure to have sufficient regard for human rights and civil liberties concerns may mean that the legislation is less effective than intended and ultimately may leave Ireland a less safe, less secure and less free, tolerant and democratic State.”
He said the threat landscape has evolved and broadened in recent years.
“While for much of the State’s history, security concerns, and certainly security legislation focused primarily, indeed almost exclusively, on the threat to the State posed by the IRA in its various manifestations. Now the threats are multipronged.”
He said dissident republicans “remain a real concern”, even more than 27 years after the signing of the Good Friday Agreement.
“But the threats we face are far broader now,” he said. “Today, Islamist terrorism is a significant cause of concern, either because of the possibility of attacks within this jurisdiction – and there have been a number of such attacks within the past number of years – and also the possibility of an attack on a neighbouring jurisdiction being planned or launched from this State.
“There is also the question of extreme right-wing terrorism as well as single issue terrorism and extreme left-wing terrorism. There is also unease about the activities of hostile state actors. The possibility of actions undertaken by so called “lone wolves”, whether motivated by terrorist ideology or not, also requires consideration.”
As part of his work, he engaged with An Garda Síochána, the Defence Forces, the justice department, Fiosrú (Police Ombudsman), the Revenue Commissioners, and the Competition and Consumer Protection Commission.
In addition to overseeing security legislation, the independent examiner has three other main duties under the Policing, Security and Community Safety Act. These are:
Publishing his annual report, Mr Birmingham said: “I am delighted to publish this, my first annual report. In it, I make a number of recommendations, both for extending the powers available to agencies working in the security area, but also for procedural changes designed to strengthen and extend safeguards for the protection of human rights.
“Work is already well underway to review further pieces of security legislation and to develop the strategic vision of the office.”
The former Court of Appeal judge said: “In the body of the report, I have expressed my appreciation for the unstinting cooperation that I have received from all of the agencies I am required to oversee, and I take the opportunity of doing so here once again.”
He added: “It has been said that government has no higher duty than ensuring the safety of the state. In my view, that is best achieved if those charged with maintaining the security of the state have adequate and appropriate powers available to them. Also, crucially, the public must be confident those powers are being exercised responsibly and in a proportionate manner, and that they are subject to effective review and oversight. I hope this report will serve as a positive contribution towards such review and oversight.”
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