Commentary on provisions of Act Section 2: Exercise of functions
Subsection (3) places a statutory duty on the Commission not to do anything in carrying out its functions which is might put at risk the national security of Ireland or the UK, the lives or safety of individuals, the prevention, investigation or detection of crime, or any legal proceedings, including proceedings which the Commission considers are likely to be brought in future. Similar statutory duties were placed on the Independent Monitoring Commission (the "IMC") which considered the activities of paramilitary groups and was established under the Northern Ireland (Monitoring Commission etc.) Act 2003. The duties placed on the IMC have been expanded in relation to the new Commission to ensure the prevention, investigation or detection of crime is not prejudiced. This has been included to cover cases where, for example, the work of the Police Service of Northern Ireland to prevent crime does not lead to a prosecution and therefore may not be covered by the Commission's duty to avoid having a prejudicial effect on legal proceedings.
	Subsections (5) to (8) require the Secretary of State to provide and publish guidance for the Commission in relation to information, the disclosure of which might (a) prejudice the national security interests of the United Kingdom, or (b) put at risk the life or safety of any person.