Defence Minister Helen McEntee has said she expects to bring draft legislation to Government within the “next few months” to clarify the role and functions of the Irish Military Intelligence Service (IMIS).
Speaking in response to a parliamentary question from Green Party leader Roderic O’Gorman this week, the Fine Gael Minister said work on the new legislative framework is “well underway.”
“The Commission on the Defence Forces made a number of specific military intelligence-related recommendations under the headings of capabilities and military intelligence,” McEntee said.
“One of those recommendations was that the role and functions of Military Intelligence be urgently clarified and underpinned by appropriate legislation within the context of a coherent national intelligence architecture.”
The Minister said the proposed legislation would be included in the General Scheme of a Bill that also deals with other matters.
The move follows a 2022 report which called for the formal basis of the organisation to be modernised.
McEntee outlined that the Defence Forces currently utilise several statutory powers to collect and process intelligence.
“These are the Interception of Postal Packets and Telecommunication Messages (Regulation) Act 1993, Criminal Justice (Surveillance) Act 2009, Communications (Retention of Data) Act 2011, and Data Protection Acts 1988 and 2018,” she said.
The Minister added that other aspects of the role are based on Defence Forces Regulations and sealed orders made under the Defence Act 1954.
O’Gorman had also sought the name of the current Director of the IMIS and the specific number of staff serving in the unit.
The Minister confirmed that the Director’s position is held by an officer of the Permanent Defence Force at the rank of Colonel.
“While the staffing of IMIS is a matter for the Chief of Staff of the Defence Forces, it would not be appropriate for me, for security and operational reasons, to comment further on such matters,” McEntee said.
The IMIS, previously referred to as J2 until last year, is the intelligence branch of the Irish Defence Forces. It is responsible for providing intelligence to the Chief of Staff and the Department of Defence regarding both domestic and international security threats to the State.
Notably, according to the 2022 Report of the Commission on the Defence Forces, “The Commission expects that the role of intelligence in underpinning the security of the State will grow in
the near term.”
“The Commission is clear that Military Intelligence has an important role in monitoring security threats to the State. It plays a unique role in leveraging military intelligence internationally with regard to threats to the State, in assessing threat levels to overseas missions and potential overseas missions, and in relation to the internal security of the Defence Forces.”
They add: “However, unlike many comparator countries where the military have clearly defined roles in relation to intelligence, the roles and responsibilities of Military Intelligence here are less well defined in law and the Commission recommends that this be urgently clarified, and underpinned by appropriate legislation, within the context of a coherent national intelligence architecture.