· Criminal Justice (Mutual Assistance) (Amendment) Bill passes all stages in Dáil & Seanad
· Bill will for Ireland to give assistance to other Member States in the form of Special Intervention Units to assist another state to deal with terrorist crises
· Bill provides for the strengthening of the role of the EU’s Eurojust agency in exchanging intelligence on criminal matters
The Minister for Justice and Equality, Frances Fitzgerald TD has today welcomed the passing by the Houses of the Oireachtas 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 countering terrorism and fighting crime.
Minister Fitzgerald stated: "As the tragic events in Paris this week have starkly illustrated, all States must stand together in fighting terrorism and international criminality. The co-operation and mutual assistance between police authorities in member states is an essential tool in countering terrorism and organised crime. Criminals and terrorists do not operate within the boundaries of any international borders and it is absolutely essential that the measures to tackle criminality and terrorism also operate across these borders.
“The passing by the Oireachtas of the Criminal Justice (Mutual Assistance) (Amendment) Bill is therefore very much to be welcomed, in particular in terms of allowing Ireland to give assistance to other Member States deal with terrorist crises and in strengthening the role of the EU’s Eurojust agency in exchanging intelligence on criminal matters.”
The Minister explained that the Bill makes provision, in accordance with EU law, for Ireland to give assistance to other Member States in the form of Special Intervention Units to assist another state, on request, in dealing with crisis situations that present a serious and direct physical threat, such as terrorist incidents. Assistance can take the form of the provision of equipment or expertise or direct assistance on the territory of the requesting member state, if requested. Any specialist units would operate under the responsibility, authority and direction of the requesting member state, but they would only be able to operate within the limits of their own national powers. As the recent tragic events in Paris have shown, it is vital that the EU member states have in place a legal basis to enable mutual assistance in times of crisis.
The Bill also provides for the strengthening of the role of Eurojust in exchanging intelligence information about criminality in the EU. Eurojust is an EU agency, based in The Hague, dealing with judicial co-operation in criminal matters.
The Bill will also allow fines imposed by courts in one member state to be collected in another member state where the person concerned resides or is a citizen. This provision will apply to any fine imposed which is appeatable to a criminal court.
Note to Editors:
Criminal Justice (Mutual Assistance) (Amendment) Bill 2014
The Bill will to amend 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 to allow 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.