About Us

The Office of the Independent Examiner of Security Legislation is a statutory body established under the Policing, Security and Community Safety Act 2024.

The Independent Examiner is an entirely new role and represents a significant development in enhancing Ireland’s national security infrastructure. It provides for the independent review of security legislation and security arrangements.

  • Keeps under review the operation and effectiveness of security legislation to ensure that it remains necessary and fit for purpose and contains sufficient safeguards for protecting human rights.
  • Has a general examination function in relation to the delivery of security services. State offices and agencies who have a security remit are obliged to cooperate with the Independent Examiner.
  • Reviews cases where information providers may refuse to provide information to the Police Ombudsman and the Policing and Community Safety Authority (PCSA) on the grounds of security of the State.

The Independent Examiner has assumed the existing oversight roles, carried out by designated High Court judges, relating to the operation of statutory frameworks for data retention, interception of communications and surveillance.

The Independent Examiner reports annually to the Taoiseach on the use of these powers and is also be empowered to produce other subject matter reports.

The Government designated Mr. Justice George Birmingham as the first Independent Examiner on 15 October 2024.

The Independent Examiner’s objectives are set out in the legislation as follows:

  • to promote public confidence in security legislation,
  • to support the Government in protecting the security of the State,
  • to ensure that information relating to his or her functions is made available to the public to the greatest extent possible without prejudicing the security of the State, defence or international relations, and
  • to ensure that his or her functions are performed in a timely, efficient and effective manner.

Independent Examiner – Biography

Mr Justice George Birmingham was designated by the Government on 15 October 2024 as the first Independent Examiner of Security Legislation.

Mr. Justice George Birmingham retired in August 2024 as President of the Court of Appeal, having served over six years in that role, which is the second most senior position in the Irish judiciary.

Educated at St Paul’s College, Raheny, Trinity College Dublin and the Kings Inns, he was called to the Bar in 1976. He had a successful and broadly based practice at the junior Bar involving a wide range of civil and criminal cases. On the criminal side, he both prosecuted and defended.

He was a member of Dáil Éireann from 1981-1989 and served as a Minister of State in a number of Government departments from 1982-1987.

Called to the Inner Bar in 1999, his practice was again broadly based but with a particular emphasis on public law and criminal law, including a number of cases with a national security dimension. As a Senior Counsel he conducted the preliminary enquiry into clerical sexual abuse in the Diocese of Ferns and was the sole member of the Commission of Investigation into the Dean Lyons case.

In 2007 George was appointed a judge of the High Court. There he heard cases across a number of lists including Non-Jury and Judicial Review, Chancery, Personal Injuries, Asylum and Immigration as well as presiding over trials in the Central Criminal Court. In addition, George was responsible for the Minors’ List, which deals with some of the most troubled and vulnerable adolescents in the State.

When the Court of Appeal was established in 2014, George was among the first group of judges appointed and was asked by the President to take day to day charge of the Criminal Division. In 2018 he was appointed as the second president of the Court. In addition to carrying out his administrative responsibilities he presided over cases across the jurisdiction of the Court, principally on the criminal side but also on civil side.

George Birmingham served as the Irish representative on Consultative Council of Judiciary (CCJE) and was elected to the Bureau, the leadership group of that body. He is a former president of the Association of Judges of Ireland (AJI)

Independent Examiner - Mr Justice George Birmingham
Independent Examiner - Mr Justice George Birmingham

Misson & Values

Our Mission

Our mission is to support the protection of the security of the
State through independent oversight of security legislation.
We will promote public confidence in security legislation by
seeking to ensure that it is effective, necessary and proportionate,
and also safeguards human rights, civil liberties and due process.

Our Values

We are guided by our core values: balance, respect and open-mindedness.
We will have no pre-conceptions in how we approach our work. We will
listen and hear the views of all with an open mind. Our reporting will
be balanced and responsible, with the aim of supporting the security
of the State, respecting human rights and serving the greater good.

Staff Support Team

Layla de Cogan Chin

Principal Officer

Ronan Kyle

Assistant Principal Officer

Brian Kennedy

Higher Executive Officer

Laura Boyd

Executive Officer

Samuel Jaiyeola

Legal Secretary

Corporate Governance

Corporate Assurance Agreement for Governance and Accountability

In accordance with the Code of Practice for the Governance of State Bodies (2016) the Department of Justice will draw up a Corporate Assurance Agreement in consultation with the Office of the Independent Examiner of Security Legislation.

This Agreement sets out the broad governance and accountability framework within which the Office of the Independent Examiner operates and defines the key roles and responsibilities which underpin the relationship between the OIE and the Department.

When finalised, the Corporate Assurance Agreement will be published on this page.

Legislation

The Policing, Security and Community Safety Act 2024 specifies particular Acts of the Oireachtas as security legislation.

The Taoiseach may also designate further Acts as security legislation.

AN ACT TO MAKE PROVISION IN RELATION TO ACTIONS AND CONDUCT CALCULATED TO UNDERMINE PUBLIC ORDER AND THE AUTHORITY OF THE STATE, AND FOR THAT PURPOSE TO PROVIDE FOR THE PUNISHMENT OF PERSONS GUILTY OF OFFENCES AGAINST THE STATE, TO REGULATE AND CONTROL IN THE PUBLIC INTEREST THE FORMATION OF ASSOCIATIONS, TO ESTABLISH SPECIAL CRIMINAL COURTS IN ACCORDANCE WITH ARTICLE 38 OF THE CONSTITUTION AND PROVIDE FOR THE CONSTITUTION, POWERS, JURISDICTION, AND PROCEDURE OF SUCH COURTS, TO REPEAL CERTAIN ENACTMENTS AND TO MAKE PROVISION GENERALLY IN RELATION TO MATTERS CONNECTED WITH THE MATTERS AFORESAID. [14th June, 1939].

AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]

View Act: The Criminal Law Act 1976

AN ACT TO REGULATE THE INTERCEPTION OF CERTAIN POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES AND TO MAKE PROVISION FOR RELATED MATTERS. [6th June, 1993]

View Act: The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

AN ACT TO ENABLE THE STATE TO MEET COMMITMENTS UNDERTAKEN AS PART OF THE INTERNATIONAL COMMUNITY, TO AMEND THE OFFENCES AGAINST THE STATE ACTS 1939 TO 1998 AND THE EUROPEAN ARREST WARRANT ACT 2003, AND TO MAKE PROVISION FOR RELATED MATTERS, INCLUDING THE RETENTION OF COMMUNICATIONS DATA.

[8th March, 2005]

View Act: The Criminal Justice (Terrorist Offences) Act 2005

AN ACT TO PROVIDE FOR SURVEILLANCE IN CONNECTION WITH THE INVESTIGATION OF ARRESTABLE OFFENCES, THE PREVENTION OF SUSPECTED ARRESTABLE OFFENCES AND THE SAFEGUARDING OF THE STATE AGAINST SUBVERSIVE AND TERRORIST THREATS, TO AMEND THE GARDA SÍOCHÁNA ACT 2005 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[12th July, 2009]

View Act: The Criminal Justice (Surveillance) Act 2009

AN ACT TO GIVE EFFECT TO DIRECTIVE NO. 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 MARCH 2006 1 ON THE RETENTION OF DATA GENERATED OR PROCESSED IN CONNECTION WITH THE PROVISION OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS SERVICES OR OF PUBLIC COMMUNICATIONS NETWORKS AND AMENDING DIRECTIVE 2002/58/EC 2 , TO PROVIDE FOR THE RETENTION OF AND ACCESS TO CERTAIN DATA FOR THE PURPOSES OF THE PREVENTION OF SERIOUS OFFENCES, THE SAFEGUARDING OF THE SECURITY OF THE STATE AND THE SAVING OF HUMAN LIFE, TO REPEAL PART 7 OF THE CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 , TO AMEND THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.

[26th January, 2011]

AN ACT TO PROVIDE FOR OFFENCES OF, AND RELATED TO, MONEY LAUNDERING IN AND OUTSIDE THE STATE; TO GIVE EFFECT TO DIRECTIVE 2005/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 26 OCTOBER 2005 ON THE PREVENTION OF THE USE OF THE FINANCIAL SYSTEM FOR THE PURPOSE OF MONEY LAUNDERING AND TERRORIST FINANCING; TO PROVIDE FOR THE REGISTRATION OF PERSONS DIRECTING PRIVATE MEMBERS’ CLUBS; TO PROVIDE FOR THE AMENDMENT OF THE CENTRAL BANK ACT 1942 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961; TO PROVIDE FOR THE CONSEQUENTIAL REPEAL OF CERTAIN PROVISIONS OF THE CRIMINAL JUSTICE ACT 1994; THE CONSEQUENTIAL AMENDMENT OF CERTAIN ENACTMENTS AND THE REVOCATION OF CERTAIN STATUTORY INSTRUMENTS; AND TO PROVIDE FOR RELATED MATTERS.

[5th May, 2010]

View Act: The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010