Criminal Justice (International Co-Operation) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 27/2019
• Year: 2019

Number 27 of 2019
CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 2019
CONTENTS
Section
1. Definitions
2. Designation of United Kingdom inquest
3. Taking evidence in State from member of Garda Síochána for purposes of Northern Ireland troubles related inquest or designated United Kingdom inquest
4. Amendment of section 20 of European Arrest Warrant Act 2003
5. Power to enter into agreements with relevant persons or bodies outside the State
6. Amendment of section 51 of Act of 2005
7. Power of Ombudsman Commission to enter into agreements with law enforcement agencies or other relevant persons or bodies outside the State
8. Amendment of section 107 of Criminal Justice (Mutual Assistance) Act 2008
9. Expenses
10. Short title and commencement
Acts Referred to
Commissions of Investigation Act 2004 (No. 23)
Coroners Act 1962 (No. 9)
Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20)
Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (No. 40)
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)
Data Protection Act 2018 (No. 7)
Data Protection Acts 1988 to 2018
European Arrest Warrant Act 2003 (No. 45)
Garda Síochána Act 2005 (No. 20)
Tribunals of Inquiry (Evidence) Acts 1921 to 2011
Number 27 of 2019
CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 2019
An Act to provide for the taking of evidence in the State from a member of the Garda Síochána for the purposes of certain inquests and inquiries held in the United Kingdom of Great Britain and Northern Ireland; to permit the Garda Síochána to enter into agreements for co-operation with certain persons or bodies outside the State; to permit the Garda Síochána Ombudsman Commission to enter into agreements for co-operation with law enforcement agencies or certain other persons or bodies outside the State; and for those purposes and other purposes, to amend the Garda Síochána Act 2005 ; to amend the European Arrest Warrant Act 2003 ; to amend the Criminal Justice (Mutual Assistance) Act 2008 ; and to provide for related matters.
[23rd July, 2019]
Be it enacted by the Oireachtas as follows:
		Definitions
1. In this Act—
	“Act of 2005” means the Garda Síochána Act 2005 ;
	“designated United Kingdom inquest” means an inquest or inquiry that has been designated under section 2;
	“Garda Commissioner” means the Commissioner of the Garda Síochána;
	“legal representative” means a practising solicitor or a practising barrister;
	“Minister” means the Minister for Justice and Equality;
	“Northern Ireland troubles related inquest” means an inquest that is being held under the law of Northern Ireland into the death of any person in Northern Ireland that occurred or may have occurred as a result of an act of violence or force carried out during the period beginning on 1 January 1966 and ending on 10 April 1998—
	(a) for reasons connected with the constitutional position of, or political or sectarian hostility in, Northern Ireland, or
	(b) in connection with the prevention, detection or investigation of offences connected with the reasons referred to in paragraph (a).
		Designation of United Kingdom inquest
2. (1) The Minister may, for the purposes of section 3 and subject to subsection (2) , designate in writing an inquest or inquiry that is being held under the law of England and Wales, of Scotland or of Northern Ireland (other than a Northern Ireland troubles related inquest) into the death of any person as a designated United Kingdom inquest.
	(2) The Minister may make a designation under subsection (1) if, after consultation with the Garda Commissioner, the Minister is satisfied that there has been co-operation between the Garda Síochána and a police force or other law enforcement agency established under the law of the United Kingdom or of any part of the United Kingdom, in respect of the investigation into the death to which the inquest or inquiry relates.
	(3) As soon as practicable after making a designation under subsection (1), the Minister shall cause a copy of the designation to be laid before each House of the Oireachtas.
		Taking evidence in State from member of Garda Síochána for purposes of Northern Ireland troubles related inquest or designated United Kingdom inquest
3. (1) This section shall apply where a coroner holding a Northern Ireland troubles related inquest or a designated United Kingdom inquest makes a request to the Garda Commissioner for assistance, in the form of the taking of evidence in the State from a member of the Garda Síochána in accordance with this section, for the purposes of the inquest concerned (in this section referred to as a “request for assistance”).
	(2) A request for assistance shall be in writing and shall specify—
	(a) the questions that the coroner requests be asked of a member of the Garda Síochána in the taking of evidence in accordance with this section, and
	(b) the purpose for which the evidence is requested.
	(3) Subject to subsection (4), the Garda Commissioner may accede to a request for assistance in respect of some or all of the questions specified therein.
	(4) The Garda Commissioner shall, after consultation with the Minister, refuse a request for assistance in respect of some or all of the questions specified therein, where the Garda Commissioner is of the opinion that to accede to the request for assistance in respect of those questions would—
	(a) be likely to prejudice the sovereignty, security or other essential interests of the State,
	(b) be likely to prejudice a criminal investigation, or criminal proceedings, in the State, or
	(c) otherwise be inconsistent with the functions of the Garda Síochána under section 7 of the Act of 2005.
	(5) A decision of the Garda Commissioner under subsection (3) in relation to a request for assistance shall be in writing and shall specify—
	(a) the questions, if any, in respect of which the Garda Commissioner is acceding to the request for assistance, and
	(b) the questions, if any, in respect of which the Garda Commissioner is refusing the request for assistance.
	(6) The Garda Commissioner shall, as soon as practicable after making a decision under subsection (3), provide a copy of the decision to the coroner who made the request for assistance and notify him or her in writing—
	(a) in relation to the questions specified in the decision to which subsection (5)(a) applies, that the evidence concerned—
	(i) shall be taken in accordance with this section,
	(ii) shall be given in accordance with this section by a designated member of the Garda Síochána, and
	(iii) shall be provided to the coroner subject to the condition referred to in subsection (13),
	and
	(b) in relation to the questions specified in the decision to which subsection (5)(b) applies, that the request for assistance is, in respect of those questions, refused.
	(7) Where the Garda Commissioner accedes to a request for assistance in respect of some or all of the questions specified therein, he or she shall—
	(a) designate a member of the Garda Síochána not below the rank of Chief Superintendent (in this section referred to as a “designated member of the Garda Síochána”) as the member of the Garda Síochána from whom the evidence concerned may be taken in accordance with this section, and
	(b) make an application to the President of the High Court for the nomination of a judge of that Court (in this section referred to as the “nominated judge”) to take the evidence concerned in accordance with this section, which application shall be accompanied by a copy of—
	(i) the request for assistance,
	(ii) the decision of the Garda Commissioner under subsection (3), and
	(iii) the notification under subsection (6).
	(8) The nominated judge shall take the evidence referred to in subsection (7) in accordance with this section.
	(9) For the purposes of subsection (8)—
	(a) no person other than the nominated judge shall ask questions of the designated member of the Garda Síochána,
	(b) the nominated judge shall ask the designated member of the Garda Síochána the questions specified in the decision under subsection (3) to which subsection (5)(a) applies only,
	(c) the evidence shall be taken—
	(i) on oath, and
	(ii) subject to subsection (10), otherwise than in public,
	and
	(d) the nominated judge may...