Europol act, 1997

• Act Number: 38
• Enactment Date: 24 November 1997

Number 38 of 1997
EUROPOL ACT, 1997
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Convention and Protocols to have force of law. 3. National unit. 4. Liaison officers. 5. Amendment of Garda Síochána Act, 1989. 6. Application of Data Protection Act, 1988. 7. Designation of national supervisory body. 8. Status of Europol. 9. Application of Official Secrets Act, 1963. 10. Interpretation of Convention. 11. Regulations. 12. Laying of orders and regulations before Houses of Oireachtas. 13. Expenses. 14. Short title and commencement.
FIRST SCHEDULE
THE TEXT IN THE ENGLISH LANGUAGE OF THE CONVENTION
SECOND SCHEDULE
THE TEXT IN THE ENGLISH LANGUAGE OF THE 1996 PROTOCOL
THIRD SCHEDULE
THE TEXT IN THE ENGLISH LANGUAGE OF THE 1997 PROTOCOL
FOURTH SCHEDULE
THE TEXT IN THE IRISH LANGUAGE OF THE CONVENTION
FIFTH SCHEDULE
THE TEXT IN THE IRISH LANGUAGE OF THE 1996 PROTOCOL
SIXTH SCHEDULE
THE TEXT IN THE IRISH LANGUAGE OF THE 1997 PROTOCOL
Acts Referred to Data Protection Act, 1988 1988, No. 25 Garda Síochána Act, 1989 1989, No. 1 Official Secrets Act, 1963 1963, No. 1
Number 38 of 1997
EUROPOL ACT, 1997
AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE ESTABLISHMENT OF A EUROPEAN POLICE OFFICE AND TO PROVIDE FOR RELATED MATTERS. [24th November, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act unless the context otherwise requires—
	“the Commissioner” means the Commissioner of the Garda Síochána;
	“the Convention” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) and the Annex thereto, done at Brussels on the 26th day of July, 1995;
	“national unit” has the meaning assigned to it by section 3 (1);
	“the Minister” means the Minister for Justice, Equality and Law Reform;
	“the 1996 Protocol” means the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office done at Brussels on the 24th day of July, 1996;
	“the 1997 Protocol” means the Protocol drawn up, on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol done at Brussels on the 19th day of June, 1997.
	(2) In this Act—
	(a) a reference to a section or a Schedule is a reference to a section of or Schedule to this Act unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
	(c) a reference to any enactment shall be construed as a reference to that enactment as amended or extended by or under any enactment including this Act.
	Convention and Protocols to have force of law.	2.—(1) Subject to the provisions of this Act, the Convention, the 1996 Protocol and the 1997 Protocol shall have the force of law in the State and judicial notice shall be taken of them.
	(2) For convenience of reference, there are set out in the First, Second, Third, Fourth, Fifth and Sixth Schedules respectively—
	(a) the text in the English language of the Convention,
	(b) the text in the English language of the 1996 Protocol,
	(c) the text in the English language of the 1997 Protocol,
	(d) the text in the Irish language of the Convention,
	(e) the text in the Irish language of the 1996 Protocol, and
	(f) the text in the Irish language of the 1997 Protocol.
	National unit.	3.—(1) For the purposes of this Act and the Convention, the Minister, following consultation with the Commissioner, shall by order designate a unit within the Garda Síochána, to be known as the “national unit”.
	(2) The national unit shall operate under the control and general superintendence of the Commissioner.
	(3) The Commissioner may assign such and so many members of the Garda Síochána to be members of the national unit as the Commissioner from time to time thinks fit.
	(4) The Commissioner shall assign the management of the national unit to a member of the Garda Síochána not below the rank of Chief Superintendent and the member so assigned shall be known as the “Head of the national unit”.
	(5) The Commissioner may assign other duties to the Head of the national unit during his or her assignment as such.
	(6) (a) The Minister, after consultation with the Commissioner, the Minister for Finance and any other Minister of the Government as the Minister considers appropriate in the circumstances and, in relation to officers of customs and excise, with the Revenue Commissioners, may, from time to time, appoint such and so many persons who are not members of the Garda Síochána to be members of the national unit.
	(b) The appointment of persons under paragraph (a) shall be on such conditions as may be agreed with the Minister for Finance.
	(7) A member of the Garda Síochána or an officer of customs and excise, who is a member of the national unit, notwithstanding his or her appointment as such, shall continue to be vested with and may exercise or perform the powers or duties of a member of the Garda Síochána or an officer of customs and excise as may be appropriate, for purposes other than the purposes of this Act, as well as for the purposes of this Act.
	(8) Unless the context otherwise requires or the Minister by order otherwise provides, the references in the Convention to a Member State (whether specific or general) shall, in so far as those references apply to the State, be construed and have effect as if they were references to the national unit.
	(9) The Minister may by order amend or revoke an order under subsection (1) or (8) (including an order under this subsection).
	Liaison officers.	4.—(1) Subject to subsection (2) and the Convention, there shall be sent as a liaison officer with Europol one or more than one member of the national unit as the Commissioner may, for the purposes of this Act and the Convention, determine.
	(2) A member of the national unit, other than a member of the Garda Síochána, shall be sent as a liaison officer with Europol only after consultation with the Minister, and—
	(a) in the case where the member to be sent is an officer of customs and excise, on the nomination of the Revenue Commissioners, or
	(b) in the case of any other member (not being a member of the Garda Síochána or an officer of customs and excise) on the nomination of such other Minister of the Government (if any) as the Minister considers appropriate in the circumstances.
	Amendment of Garda Síochána Act, 1989.	5.—The Garda Síochána Act, 1989, is hereby amended—
	(a) in section 3, by the substitution of the following subsection for subsection (2):
	“(2) Notwithstanding anything contained in the Acts, a member of the Garda Síochána to whom this section for the time being applies shall be liable to serve outside the State—
	(a) with a contingent of the Garda Síochána which is despatched for service with an International United Nations Force, or
	(b) as a liaison officer with Europol.”, and
	(b) in section 4, by the substitution of the following subsection for subsection (1):
	“(1) The Minister may by regulations, made with the consent of the Minister for Health and Children, provide for the keeping of a record of—
	(a) the death of a member of the Garda Síochána,
	(b) the death of the spouse or any of such other members of the family of a member of the Garda Síochána as may be specified in the regulations, and
	(c) the birth of a child of a member of the Garda Síochána,
	occurring outside the State while the member of the Garda Síochána is serving outside the State with an International United Nations Force or as a liaison officer with Europol and, as respects a death referred to in paragraph (b) of this subsection or a birth, in such circumstances as may be specified in the regulations.”.
	Application of Data Protection Act, 1988.	6.—(1) For the purposes of this Act and the Convention, the Data Protection Act, 1988 , shall apply and have effect with any necessary modifications to the collection, processing, keeping, use or disclosure of certain information relating to individuals that is processed automatically.
	(2) For the purposes of the application of the Convention to the State, references to “national competent authority” in Article 19.1 of the Convention and “national authorities concerned” in Article 19.5 of the Convention shall be construed as references to the Data Protection Commissioner.
	(3) For the purposes of Article 38 of the Convention, section 7 of the Data Protection Act, 1988 , shall apply as regards the liability of the State for any damage caused to an individual as a result of legal or factual errors in data stored or processed at Europol as it applies to the collection of or dealing with personal data (within the meaning of that Act).
	Designation of national supervisory body.	7.—The Data Protection Commissioner is hereby designated as the national supervisory body for the purposes of this Act and the Convention.
	Status of Europol.	8.—Europol shall have the legal capacity of a body corporate and power to sue and be sued in its corporate name and to acquire, hold and dispose of property.

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