Criminal Records (Exchange of Information) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 51/2019

Number 51 of 2019
CRIMINAL RECORDS (EXCHANGE OF INFORMATION) ACT 2019
CONTENTS
Section
1. Interpretation
2. Central Authority in State
3. Recording of nationality of convicted persons
4. Information relating to conviction in State of person who is national of Member State
5. Information received under Article 4 of Framework Decision
6. Request for information under Article 6 of Framework Decision
7. Reply to request for information under Article 6 of Framework Decision in relation to person who is national of State
8. Reply to request for information under Article 6 of Framework Decision in relation to person who is not national of State
9. Time limits for replies to requests under Article 6 of Framework Decision
10. Transmission of information in accordance with Council Decision
11. Conditions for use of personal data
12. Limitations on transmission of certain information to third country
13. Disclosure of information under other enactments, etc.
14. Expenses
15. Short title and commencement
SCHEDULE 1
Council Framework Decision 2009/315/JHA
SCHEDULE 2
Information relating to conviction
SCHEDULE 3
Other purposes for which information may be requested
SCHEDULE 4
Council Decision 2009/316/JHA
Acts Referred to
Data Protection Act 2018 (No. 7)
Firearms Acts 1925 to 2009
Interpretation Act 2005 (No. 23)
Number 51 of 2019
CRIMINAL RECORDS (EXCHANGE OF INFORMATION) ACT 2019
An Act to give effect to Council Framework Decision 2009/315/JHA1 of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States; to give effect to Council Decision 2009/316/JHA2 of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA; and to provide for related matters.
[26th December, 2019]
Be it enacted by the Oireachtas as follows:
		Interpretation
1. (1) In this Act—
	“Central Authority” means the central authority designated in the State under section 2 ;
	“central authority”, in relation to a Member State, means a central authority designated in that Member State in accordance with Article 3 of the Framework Decision;
	“conviction”, in relation to a person, means the conviction by a court of a natural person of an offence or, in the case of an appeal (whether against conviction or sentence, or both), the final decision of a court of the appeal or the withdrawal of the appeal, as recorded in the Criminal Records Database or, as the case may be, the criminal record of a Member State;
	“court” means—
	(a) in relation to a conviction of a person in the State, any court in the State exercising criminal jurisdiction and includes a Special Criminal Court but does not include a court martial, or
	(b) in relation to a conviction of a person in a Member State or a third country, any court in the Member State or, as the case may be, third country exercising criminal jurisdiction;
	“criminal record”, in relation to a Member State, means, subject to section 6(5), the national register or registers in the Member State containing a record of convictions in accordance with its national law;
	“Criminal Records Database” means the database maintained by the Garda Síochána that contains a record of convictions;
	“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
	“Framework Decision” means Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States, the text of which in the English language is for convenience of reference set out in Schedule 1 ;
	“Member State” means a Member State of the European Union other than the State;
	“requesting Member State” shall be construed in accordance with section 7;
	“third country” means a country or territory other than the State or a Member State.
	(2) A word or expression that is used in this Act and is also used in the Framework Decision has, unless the context otherwise requires, the same meaning in this Act as it has in the Framework Decision.
		Central Authority in State
2. (1) The Garda Commissioner is designated as the Central Authority in the State for the purposes of this Act and the Framework Decision.
	(2) The Garda Commissioner may delegate in writing (in this section referred to as a “delegation”) such functions of the Central Authority as may be specified in the delegation to—
	(a) members of the Garda Síochána specified by rank or name, or
	(b) members of the Garda Síochána’s civilian staff specified by grade, position, name or otherwise,
	and different functions may be so delegated to different persons.
	(3) A delegation may—
	(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,
	(b) be made subject to conditions or restrictions, and
	(c) be revoked or varied by the Garda Commissioner at any time.
	(4) A delegation does not preclude the Garda Commissioner from performing the function or functions to which the delegation relates.
	(5) While a delegation is in force, a reference in this Act to the Central Authority, in so far as it relates to the performance of a function specified in the delegation, shall be construed as a reference to the person to whom the function is so delegated.
	(6) An act or thing done by a person pursuant to a delegation has the same force and effect as if done by the Garda Commissioner.
	(7) In this section, “Garda Commissioner” means the Commissioner of the Garda Síochána.
		Recording of nationality of convicted persons
3. The Central Authority shall take such steps as may be necessary to ensure that when information relating to a conviction in the State of a person is recorded on the Criminal Records Database, it shall be accompanied by information, where available, in respect of the nationality or nationalities of the convicted person.
		Information relating to conviction in State of person who is national of Member State
4. (1) Where a person is—
	(a) convicted in the State of an offence, and
	(b) a national of one or more Member States,
	the Central Authority shall, as soon as practicable, inform the central authority of the Member State, or of each Member State of which it is known that the convicted person is a national, of the conviction by transmitting to such central authority or central authorities concerned the information specified in Schedule 2 in relation to that conviction.
	(2) When transmitting information to a central authority under subsection (1), the Central Authority may include any other information contained in the Criminal Records Database relating to the conviction that is in addition to the information specified in Schedule 2 .
	(3) Where information transmitted to a central authority under subsection (1) or (2) is subsequently altered or deleted in the Criminal Records Database, the Central Authority shall, as soon as practicable, transmit the information as so altered or deleted to the central authority concerned.
	(4) Where information is transmitted to a central authority under subsection (1) or (2) the Central Authority shall, on the request of the central authority concerned in an individual case, transmit to such central authority a copy of the conviction and any sentence imposed, or related order of a court, in respect of the conviction and any other information relevant thereto, for the purpose of enabling that central authority to consider whether any measures are necessitated in the Member State of the person’s nationality.
	(5) When transmitting information to the central authority of a Member State in accordance with this section, the Central Authority may inform the central authority concerned that the information transmitted may not be retransmitted for any purposes other than for the purpose of criminal proceedings.
	(6) This section applies irrespective of whether or not the person referred to in subsection (1) is also a national of the State.
		Information received under Article 4 of Framework Decision
5. (1) Where the Central Authority receives information from a central authority of a Member State under Article 4(2) or (3) of the Framework Decision relating to a conviction in a Member State of a person who is national of the State, the Central Authority—
	(a) shall store such of the information as falls within the categories of information to which paragraphs 1 and 2 of Schedule 2 apply, and
	(b) may store such of the information as falls within the categories of information to which paragraph 3 of Schedule 2 applies or any other information transmitted to it concerning the conviction,
	for the purpose of retransmitting such information in accordance with section 7 .
	(2) Where the Central Authority receives information from a central authority of a Member State under Article 4(3) of the Framework Decision in relation to the alteration or deletion of information stored in accordance with subsection (1), the Central Authority shall alter or delete the stored information accordingly and shall retransmit such information in accordance with section 7 .
	(3) Upon receiving information referred to in subsections (1) or (2) from a central authority of a Member State, the Central Authority may, in individual cases, request from the central authority concerned a copy of the conviction and any sentence imposed, or any related order of a court, in respect of the conviction, and any other information relevant thereto, in order to enable it to consider whether any measures are necessitated in the State.
		Request for information under Article 6 of Framework Decision
6. (1)...