S.I. No. 608/2024 - European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2024.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Title II of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 2020¹ , hereby make the following regulations:

1.

• (2) These Regulations shall come into operation on the 6^th day of November 2024.

2.

3.

• (a) in subsection (1) –

• (i) in the definition of “international instrument”, in paragraph (gf), by the substitution of “Titles II, VIII and XI” for “Titles VIII and XI”, and

• (ii) in the definition of “offence”, in paragraph (c), by the substitution of “Title II or Title XI” for “Title XI”,

• (b) in subsection (6)(gd), by the substitution of “Titles II, VIII and XI” for “Titles VIII and XI”.

4.

5.

• (a) in subsection (1) –

• (i) in paragraph (d), by the deletion of “and”,

• (ii) in paragraph (e)(ii), by the substitution of “that member state, and” for “that member state.”, and

• (iii) by the insertion of the following paragraph after paragraph (e):

• “(f) in the case of a request pursuant to Article 532 of the Trade and Cooperation Agreement for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána –

  • (i) an investigation warrant in respect of the person, or

  • (ii) a statement issued by the competent authority in the United Kingdom in connection with a criminal investigation in the United Kingdom confirming that the requirements for the taking of a DNA sample from the person under the law of the United Kingdom would be complied with if the person were in the United Kingdom.”, and

• (b) in subsection (2) –

• (i) by the substitution of the following definition for the definition of “competent authority”:

“ ‘competent authority’ –

• (a) in relation to a member state, means the authority in the member state that is competent to issue an investigation warrant or statement for the purposes of Article 7 of the 2008 Council Decision or that Article, insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, and

• (b) in relation to the United Kingdom, means the authority in the United Kingdom that is competent to issue an investigation warrant or statement for the purposes of Article 532 of the Trade and Cooperation Agreement;”, and

• (ii) in the definition of “investigation warrant”, by the substitution of “member state or the United Kingdom” for “member state” in both places where it occurs.

6.

• (a) in subsection (1) –

• (i) by the substitution of “member state or the United Kingdom” for “member state”,

• (ii) by the substitution of the following paragraph for paragraph (a):

• “(a) is pursuant to –

  • (i) Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, or

  • (ii) Article 532 of the Trade and Cooperation Agreement, and”,

• (b) in subsection (2) –

• (i) in paragraph (a) –

• (I) by the insertion of “or the United Kingdom” after “member state concerned”, and

• (II) by the insertion of “or the United Kingdom, as the case may be” after “that member state”,

• (ii) in paragraph (b), by the insertion of “or the United Kingdom, as the case may be,” after “member state concerned”, and

• (iii) in paragraph (c), by the insertion of “or the United Kingdom, as the case may be” after “member state concerned”,

• (c) in subsection (11) –

• (i) in paragraph (a) –

• (I) by the insertion of “or the United Kingdom” after “member state concerned”, and

• (II) by the insertion of “or the United Kingdom, as the case may be” after “that member state”,

• (ii) in paragraph (d), by the insertion of “or the United Kingdom, as the case may be,” after “member state concerned”, and

• (iii) in paragraph (e), by the insertion of “or the United Kingdom, as the case may be” after “member state concerned”,

• (d) in subsection (16)(iii), by the insertion of “or the United Kingdom, as the case may be,” after “member state concerned”, and

• (e) in subsection (22)(b), by the insertion of “or the United Kingdom, as the case may be” after “member state concerned”.

7.

• (a) in subsection (1), by the substitution of “Norway, or Article 532 of the Trade and Cooperation Agreement” for “Norway”,

• (b) in subsection (7), by substitution of “Norway, or Article 532 of the Trade and Cooperation Agreement,” for “Norway,”, and

• (c) in subsection (8), by the substitution of “the 2008 Council Decision, the 2009 Agreement with Iceland and Norway or Title II of Part Three of the Trade and Cooperation Agreement” for “the 2008 Council Decision or the 2009 Agreement with Iceland and Norway”.

8.

9.

• “(7) Subject to subsection (8) and notwithstanding section 77(7) of the Act of 2008, a data controller shall destroy data received pursuant to an Article 7 request or a request pursuant to Article 532 of the Trade and Cooperation Agreement when they are no longer required for the purpose for which they were supplied and, in any event, shall do so not later than the expiration of the maximum period (if any) prescribed by the law of the Member State concerned or Iceland, Norway or the United Kingdom, as the case may be, and specified by the authority in that Member State or Iceland, Norway or the United Kingdom, as the case may be, at the time the data were supplied.”.

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