· Criminal Justice (Mutual Assistance) (Amendment) Bill published today
· Minister advises the "Bill will be particularly useful in targeting cross-border offenders and in confiscating proceeds of crime"
The Minister for Justice and Equality, Ms. Frances Fitzgerald, T.D., has announced the publication of the Criminal Justice (Mutual Assistance) (Amendment) Bill. This legislation will give effect to a number of international treaties which will enhance co-operation with other EU Member States in fighting crime.
The legislation will provide for:
· Co-operation in recovering fines and other financial penalties on a cross-border basis. This means that fines imposed in Irish courts for offences committed by citizens of other EU Member States can be collected in those Member States. Similarly, Irish persons who commit offences abroad can pay any financial penalty in this state.
· Co-operation with other EU Member States in confiscating property which is the proceeds of crime.
· Co-operation between EU Member States in dealing with crisis situations that present a serious and direct physical threat, such as terrorist incidents etc.
In announcing these proposals the Minister stated “Crime does not recognise international borders. It is important therefore that the reach of our laws can also extend beyond our own borders. I expect that this Bill will be particularly useful in targeting cross-border offenders who commit offences and in confiscating proceeds of crime. It is my intention to have this legislation enacted later this year, with the co-operation of both Houses of the Oireachtas.”
ENDS.../
Note to Editors
The purpose of the Criminal Justice (Mutual Assistance) (Amendment) Bill 2014 is twofold. Firstly, the Bill amends the Criminal Justice (Mutual Assistance) Act 2008 to give effect to the following international instruments which have been ratified by the Oireachtas and which provide for mutual legal assistance with other EU Member States:
· Council Framework Decision 2005/214/JHA on mutual recognition of financial penalties.
This instrument establishes the rules under which a Member State recognises and executes in its territory a financial penalty order issued by a court competent in criminal matters of another Member State.
· Council Framework Decision 2006/783/JHA on mutual recognition of confiscation orders.
This instrument establishes the rules under which a Member State recognises and executes in its territory a confiscation order issued by a court competent in criminal matters of another Member State.
· Council Decision 2008/617/11 on enhancing the operation of special intervention units in crisis situations.
This instrument aims to improve cooperation between Member States' special intervention units in man-made crisis situations that present a serious and direct physical threat, such as terrorist incidents etc.
· Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust.
Eurojust is an EU agency, based in The Hague, dealing with judicial co-operation in criminal matters. This Council Decision amends the earlier Council Decision 2002/187/JHA setting up Eurojust, and provides for increased co-operation of Eurojust with other agencies such as OLAF or EUROPOL, and strengthens its operational capabilities.
· Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial. This instrument seeks to ensure that principles of natural justice are adhered to in cases where judgements in absentia arise in regard to requests for mutual legal assistance.
· Council Decision 2010/616/EU on the conclusion of an agreement between the European Union and Japan on mutual legal assistance in criminal matters.
This agreement provides for mutual legal assistance between EU member states and Japan, based on the laws of the requested state. Implementation by Ireland will be based on existing provisions of the 2008 Act.
The Bill also provides for certain related amendments to the following Acts:
· Criminal Justice Act, 1994,
· International War Crimes Tribunal Act 1998,
· Criminal Justice (Joint Investigation Teams) Act 2004,
· Garda Síochána Act 2005,
· Criminal Justice (Mutual Assistance) Act, 2008.
The Bill is available at www.oireachtas.ie