CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

“ ‘Statute’, subject to section 64A, means the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998, as amended by the text set out—

• (a) in Annex I of Resolution RC/Res.5, adopted on 10 June 2010 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 1 of Part 1 of Schedule 1A),

• (b) in Annex I of Resolution RC/Res.6, adopted on 11 June 2010 pursuant to Article 121 (the text of which amendment in the English language is set out in Part 2 of Schedule 1A),

• (c) in Annexes I to III of Resolution ICC-ASP/16/Res.4, adopted on 14 December 2017 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 2 of Part 1 of Schedule 1A), and

• (d) in Annex I of Resolution ICC-ASP/18/Res.5, adopted on 6 December 2019 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 3 of Part 1 of Schedule 1A);”,

and

• (ii) by the insertion of the following definitions:

“ ‘crime of aggression’ has the same meaning as it has in Article 8 bis;

‘crime within the jurisdiction of the International Criminal Court’ means, subject to subsection (1B), any of the following:

• (a) genocide (within the meaning of section 6(1));

• (b) a crime against humanity (within the meaning of section 6(1));

• (c) a war crime (within the meaning of section 6(1));

• (d) subject to subsection (1A), the crime of aggression;

• (e) the intentional committing of any of the acts specified in Article 70.1 (offences against the administration of justice);

• (f) an act specified in a relevant amendment and prescribed in an order made under section 64A;

‘relevant amendment’ has the meaning assigned to it by section 64A;”,

and

• (b) by the insertion of the following subsections after subsection (1):

• “(1A) For the purposes of paragraph (d) of the definition of crime within the jurisdiction of the International Criminal Court, the reference to Article 8 bis in the definition of crime of aggression shall not be construed as a reference to that Article as amended by a relevant amendment.

• (1B) In this Act, a reference to a crime within the jurisdiction of the International Criminal Court shall be construed as including any act in respect of which a person who commits such an act is by virtue of Article 25, 27 or 28 criminally responsible for any of the acts referred to in paragraphs (a) to (f) of the definition of crime within the jurisdiction of the International Criminal Court in subsection (1).”.

44. Amendment of section 6 of Act of 2006

44. Section 6 of the Act of 2006 is amended by the insertion of the following subsection after subsection (2):

• “(3) A reference in this section to an Article shall not be construed as a reference to that Article as amended by a relevant amendment.”.

45. Amendment of section 8 of Act of 2006

45. Section 8 of the Act of 2006 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) Subject to subsection (1A), any person who does any act specified in Article 25.3 (individual criminal responsibility), other than an act in relation to the crime of aggression, is guilty of an offence (in this Act referred to as an ‘ancillary offence’).”,

and

• (b) by the insertion of the following subsection after subsection (1):

• “(1A) For the purposes of subsection (1), a reference in Article 25.3 to a crime within the jurisdiction of the Court shall not be construed in accordance with the text of the Statute as amended by a relevant amendment.”.

46. Amendment of section 9 of Act of 2006

46. Section 9 of the Act of 2006 is amended by the insertion of the following subsection after subsection (4):

• “(5) Without prejudice to the generality of subsection (4), proceedings may not be taken in respect of—

  • (a) an alleged war crime in respect of an alleged infringement of subparagraph (b)(xxvii), (b)(xxviii), (b)(xxix), (e)(xiii), (e)(xiv), (e)(xv), (e)(xvi), (e)(xvii), (e)(xviii) or (e)(xix) of Article 8.2, or

  • (b) an alleged ancillary offence relating to an alleged infringement referred to in paragraph (a),

  where such alleged infringement or alleged ancillary offence, as the case may be, is in respect of conduct that occurred before the coming into operation of paragraph (a)(i) of section 43 of the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026.”.

47. Amendment of section 12 of Act of 2006

47. Section 12 of the Act of 2006 is amended by the insertion of the following subsection after subsection (4):

• “(4A) The reference in subsection (2)(a) to Article 8.2 shall not be construed as a reference to that Article as amended by a relevant amendment.”.

48. Amendment of section 62 of Act of 2006

48. Section 62(1) of the Act of 2006 is amended by the substitution of “an ICC offence, offence under section 11(1) or other serious offence” for “an ICC offence or other serious offence”.

49. Order for purpose of definition of crime within jurisdiction of International Criminal Court

49. The Act of 2006 is amended by the insertion of the following section after section 64:

“64A. (1) The Government, on the request of the Minister made after consultation with the Minister for Foreign Affairs and Trade, may by order prescribe as a crime within the jurisdiction of the International Criminal Court an act specified in an amendment adopted under Article 121 or 123, on or after the coming into operation of this section, to Article 6, 7, 8 or 8 bis (in this Act referred to as a ‘relevant amendment’), whether or not such relevant amendment has entered into force.

• (2) Where an order has been made under subsection (1), references to the Statute in the following provisions shall be construed as references to the Statute as amended by the relevant amendment:

  • (a) section 3, except in so far as that section relates to proceedings for an offence under Part 2;

  • (b) section 4;

  • (c) Parts 3 to 5;

  • (d) sections 58 to 59;

  • (e) section 63.

• (3) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”.

50. Further amendment of Act of 2006: crimes within jurisdiction of International Criminal Court

50. The Act of 2006 is amended—

• (a) in section 4(1)(b), by the substitution of “crimes within the jurisdiction of the International Criminal Court” for “offences within the jurisdiction of the Court”,

• (b) in section 19, by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence” in both places where it occurs,

• (c) in section 22(1)(c)(i), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence or an offence under section 11(1)(a)”,

• (d) in section 31(1)(b), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence”,

• (e) in section 37, in paragraph (a) of the definition of “gift caught by this Part”, by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence”,

• (f) in section 38, by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence” in each place where it occurs,

• (g) in section 50—

• (i) in subsection (1B), by the substitution of “crime within the jurisdiction of the International Criminal Court” for “ICC offence”,

• (ii) in subsection (1L), by the substitution of “crime within the jurisdiction of the International Criminal Court” for “ICC offence”,

• (iii) in subsection (3)(a), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence”, and

• (iv) in subsection (12), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence” in each place where it occurs,

• (h) in section 50A, by the substitution of “crime within the jurisdiction of the International Criminal Court” for “ICC offence” in both places where it occurs,

• (i) in section 51(7)(d), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence”,

• (j) in section 52, by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence” in each place where it occurs,

• (k) in section 53(1), by the substitution of “a crime within the jurisdiction of the International Criminal Court” for “an ICC offence”, and

• (l) in section 63(3)(b), by the substitution of “crimes within the jurisdiction of the International Criminal Court” for “offences within the jurisdiction of the Court”.

51. Amendment of Act of 2006 – insertion of Schedule 1A

51. The Act of 2006 is amended by the insertion of the text set out in Schedule 1 as Schedule 1A to that Act.

PART 14 Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

52. Amendment of section 2 of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

52. Section 2(1) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended by the substitution of the following definition for the definition of

“DNA profile”:

“ ‘DNA profile’, in relation to a person, means—

• (a) subject to paragraphs (b) and (c), information comprising a set of identification characteristics of the non-coding part of DNA derived from an examination and analysis of a sample of biological material that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person,

• (b) where the sample is taken from, or in relation to, the person or the body of the person under section 48, 49 or 50, information comprising a set of identification characteristics of the DNA derived from an examination and analysis of a sample of biological material that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person, or

• (c) in the case of a DNA profile received pursuant to section 143(1) or 144(1)(b), information comprising a set of identification characteristics of the DNA derived from an examination and analysis of a sample of biological material that is clearly identifiable as relating to the person and that is capable of comparison with similar information derived from an examination and analysis of another sample of biological material for the purpose of determining whether or not that other sample could relate to that person.”.

53. Amendment of section 154 of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

53. Section 154 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended—

• (a) in subsection (1), by the substitution of “under this Act or under section 10 of the Misuse of Drugs Act 1984” for “under this Act”, and

• (b) in subsection (4), by the substitution of “under a provision of this Act or under section 10 of the Misuse of Drugs Act 1984” for “under a provision of this Act”.

PART 15 Amendment of Act of 2017

54. Offences relating to accommodation offered in exchange for sexual activity

54. The Act of 2017 is amended by the insertion of the following section after section 45:

“45A. (1) A person who offers a tenancy of, or a licence in relation to, relevant accommodation, which tenancy or licence is of a type that would ordinarily be granted in exchange for payment, to another person in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of the tenancy or licence shall be guilty of an offence.

• (2) Subject to subsection (3), a person who advertises, or causes the advertisement of, an offer of a tenancy of, or a licence in relation to, relevant accommodation, which tenancy or licence is of a type that would ordinarily be granted in exchange for payment, where the tenancy or licence is offered by a person in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of that tenancy or licence, shall be guilty of an offence.

• (3) In any proceedings for an offence under subsection (2), it shall be a defence for the accused to show that he or she did not know and had no reason to suspect that the advertisement related to an offer of a tenancy of, or licence in relation to, relevant accommodation, in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of the tenancy or licence.

• (4) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine.

• (5) In this section—

‘advertisement’ includes every form of advertisement, whether or not to the public, in a newspaper or other publication, on television or radio, by display of a notice, by electronic communication, including by means of the internet, or by any other means;

‘licence’ means, in relation to a residential property, a licence, whether oral or in writing or implied, given by a person (whether or not the owner of the residential property concerned) permitting another person to enter and reside in the residential property, or part thereof;

‘relevant accommodation’ means a self-contained residential property, or part thereof, that is, or is capable of being, the subject of a tenancy or a licence;

‘residential property’ means any building which is in use as, or is suitable for use as, a dwelling;

‘tenancy’ includes—

- (a) a periodic tenancy,

- (b) a tenancy for a fixed term, and

- (c) a sub-tenancy,

  whether oral or in writing or implied.”.

PART 16 Outdoor Seating Areas for Licensed Premises

55. Definitions (Part 16)

55. In this Part—

“Act of 1904” means the Registration of Clubs (Ireland) Act 1904;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2021” means the Civil Law (Miscellaneous Provisions) Act 2021;

“Act of 2024” means the Planning and Development Act 2024;

“certified copy”, in relation to a street furniture licence, means a copy of the street furniture licence that is certified to be a true copy of the street furniture licence by—

• (a) an officer of the planning authority that granted the street furniture licence,

• (b) a commissioner for oaths,

• (c) a practising solicitor (within the meaning of the Legal Services Regulation Act 2015), or

• (d) a member of An Garda Síochána;

“club” means a club registered under the Registration of Clubs Acts;

“Licensing Acts” means the Licensing Acts 1833 to 2018;

“outdoor seating area” means, in relation to a licensed premises, an outdoor area in relation to which the following matters apply:

• (a) the number of seated patrons who can be accommodated in the area does not exceed the number of patrons who may be accommodated in the licensed premises;

• (b) the area contains sufficient seating to accommodate the number of seated patrons referred to in paragraph (a);

• (c) the area does not contain any counter or barrier across which intoxicating liquor can be served to the public;

• (d) the sale or supply of intoxicating liquor by the licensee to patrons in the area is an ancillary part of the business carried on on that premises;

“planning authority” has the meaning assigned to it by the Act of 2024;

“Registration of Clubs Acts” means the Registration of Clubs Acts 1904 to 2008;

“street furniture licence” means a licence granted to a licensee of a licensed premises under section 254 of the Act of 2000 or section 13 of the Act of 2024 in respect of tables and chairs, prescribed under section 254(1)(g) of the Act of 2000 or section 13(2)(h) of the Act of 2024, situated outside the premises.

56. Licensed premises with street furniture licence to include outdoor seating area

56. (1) This section applies to—

• (a) an outdoor seating area of a licensed premises that is lawfully used by the licensee of the licensed premises pursuant to a street furniture licence, and

• (b) an outdoor seating area (within the meaning of the Act of 2021) where—

• (i) paragraphs (a) and (b) of section 59(1) apply, and

• (ii) the outdoor seating area is lawfully used by a licensee of a licensed premises pursuant to a street furniture licence.

• (2) Subject to this section and notwithstanding any other enactment, an outdoor seating area to which this section applies shall be part of the licensed premises concerned.

• (3) Subject to this section and notwithstanding any other enactment, the Licensing Acts and, where a licensed premises is a club, the Registration of Clubs Acts, shall apply to an outdoor seating area to which this section applies as they apply to the licensed premises concerned and, without prejudice to the generality of the foregoing—

• (a) it shall be lawful for the licensee of that licensed premises to sell or supply intoxicating liquor in the outdoor seating area on the same basis that it is lawful to sell or supply intoxicating liquor under the licence, or, in respect of a club, the certificate of registration under the Act of 1904 in force, attaching to that premises, and

• (b) for the purposes of the renewal—

• (i) of the licence concerned under section 4 of the Courts (No. 2) Act 1986, failure to operate the outdoor seating area in accordance with this section or the Licensing Acts shall be grounds for objection to the renewal of the licence, or

• (ii) of the certificate of registration concerned under section 3 of the Act of 1904, failure to operate the outdoor seating area in accordance with this section, the Licensing Acts or the Registration of Clubs Acts shall be a basis for objection to the renewal of the certificate under section 5 of the Act of 1904.

• (4) Subsection (3)(b) shall apply to the renewal of the licence or certificate of registration, as the case may be, referred to in that subsection irrespective of whether, at the time of such renewal, the licensee has ceased to operate the outdoor seating area concerned.

• (5) Notwithstanding the type of licence held by a licensee, or, in respect of a club, that a certificate of registration under the Act of 1904 is in force, in respect of a licensed premises, the sale or supply of intoxicating liquor in an outdoor seating area shall not be lawful where the intoxicating liquor is sold or supplied for consumption off the premises.

• (6) Notwithstanding the type of licence held by a licensee, or, in respect of a club, that a certificate of registration under the Act of 1904 is in force, in respect of a licensed premises, the sale or supply of intoxicating liquor in an outdoor seating area shall be lawful only—

• (a) subject to paragraph (b), within the times permitted by the Licensing Acts and, where the licensed premises is a club, the Registration of Clubs Acts, in respect of the licence or the certificate of registration, or

• (b) where any one or more than one of such times has been restricted by or under any enactment, within the time or times concerned as so restricted.

• (7) Subsection (2) shall not be construed as authorising—

• (a) a use, in relation to an outdoor seating area, that would be—

• (i) an unauthorised use within the meaning of the Act of 2000, or

• (ii) an unauthorised use within the meaning of the Act of 2024,

or

• (b) any activity in an outdoor seating area that is otherwise unlawful.

• (8) In this section, “enactment” has the same meaning as it has in the Interpretation Act 2005.

57. Street furniture licence: duties of licensee and District Court clerk

57. (1) Where a street furniture licence is granted to the licensee of a licensed premises, the licensee shall, as soon as practicable after the licence is granted, give notice in writing of its granting to the District Court clerk in the licensing area in which the premises are situated.

• (2) A notice under subsection (1) shall state the name of the licensee and the name and address of the licensed premises and shall be accompanied by—

• (a) a certified copy of the street furniture licence, and

• (b) a map of the outdoor seating area to which the street furniture licence relates.

• (3) As soon as practicable after receiving a notice under subsection (1), the District Court clerk concerned shall record the particulars of the street furniture licence in the entry for the licensed premises concerned in the register of licences kept under the Licensing Acts, or where the licensed premises is a club, in the register of clubs kept under the Registration of Clubs Acts.

58. Withdrawal or variation of street furniture licence: duties of licensee and District Court clerk

58. (1) This section applies where a street furniture licence relating to licensed premises is withdrawn or varied by the planning authority concerned.

• (2) A licensee shall, within 21 days of the withdrawal or variation of a street furniture licence, give notice in writing of the withdrawal or variation to the District Court clerk in the licensing area in which the premises are situated.

• (3) A notice under subsection (2) shall state the name of the licensee and the name and address of the licensed premises and, where it relates to the variation of a street furniture licence, shall be accompanied by—

• (a) a certified copy of the street furniture licence as so varied, and

• (b) a map of the outdoor seating area to which the street furniture licence relates.

• (4) As soon as practicable after receiving a notice under subsection (2), the District Court clerk concerned shall record the particulars of the street furniture licence in the entry for the licensed premises concerned in the register of licences kept under the Licensing Acts, or where the licensed premises is a club, in the register of clubs kept under the Registration of Clubs Acts.

59. Transitional provision: outdoor seating area licensed under Act of 2021

59. (1) Subject to subsection (2), this section applies to an outdoor seating area (within the meaning of the Act of 2021) of a licensed premises where on the coming into operation of this section—

• (a) the Act of 2021 (other than section 8 of that Act) remains in operation in accordance with a resolution passed under section 9(4) of that Act, and

• (b) the outdoor seating area is, in accordance with section 2 of that Act, part of the licensed premises.

• (2) This section shall not apply to an outdoor seating area referred to in section 56(1)(b).

• (3) On the expiration of the period of time specified in the resolution referred to in subsection (1)(a)—

• (a) an outdoor seating area to which this section applies shall be deemed to be part of the licensed premises for a further period, beginning on the expiration of the period specified in that resolution and expiring on the commencement of the next sitting of the annual licensing District Court, after such expiration, in the licensing area in which the licensed premises concerned is situated, and

• (b) the Act of 2021 shall, notwithstanding the expiration of the period specified in that resolution, continue to apply in respect of that outdoor seating area during that further period.

PART 17 Disregard of Certain Historical Convictions and Other Determinations

60. Interpretation (Part 17)

60. In this Part—

“Act of 1907” means the Probation of Offenders Act 1907;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“additional information”, in relation to an application, includes a media report (howsoever described), relating to the arrest, questioning, cautioning, charging, proceedings on foot of the charge but preliminary to the conviction, prosecution, conviction or sentencing of a person, in respect of which the applicable conviction or other determination relates;

“applicable activity” means, in relation to an application, the sexual activity or activities to which an applicable conviction or other determination concerned relates;

“applicable conviction or other determination” means a conviction or other determination the subject of an application;

“applicant” has the meaning assigned to it by section 62;

“application” has the meaning assigned to it by section 61;

“caution” means a formal written warning or notice administered to a person by a member of An Garda Síochána in lieu of the person being charged with an offence;

“certificate of disregard” has the meaning assigned to it by section 66;

“circumstances ancillary” means, in relation to a conviction or other determination, any or all of the following:

• (a) the offence the subject of the conviction or other determination;

• (b) the conduct constituting that offence;

• (c) any arrest, questioning or cautioning of the relevant person prior to being charged with the offence;

• (d) the charging of the relevant person with the offence;

• (e) any proceedings on foot of the charge but preliminary to the conviction or other determination;

• (f) any penalty or other order of a court concerned, made on foot of the conviction;

• (g) any proceedings, by way of appeal or otherwise, for reviewing the conviction or other determination or any penalty imposed on foot of the conviction;

• (h) anything done in pursuance of, or undergone in compliance with, any order made in connection with or as a result of the conviction or other determination;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“consent” has the same meaning as it has in section 9 of the Criminal Law (Rape) (Amendment) Act 1990;

“conviction”, in relation to a person, means the conviction by a court of the person of an offence or, in the case of an appeal whether against conviction or sentence or both, the final determination by a court of the appeal, or the withdrawal of the appeal;

“disregard” shall be construed in accordance with section 67;

“disregarded conviction or other determination” means a conviction or other determination in respect of which a certificate of disregard is in effect;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“guardian” means, in relation to a relevant person who is deceased, a person who—

• (a) was a guardian of the relevant person pursuant to the Guardianship of Infants Act 1964, or

• (b) was appointed to be the guardian of the relevant person by—

• (i) a deed or will, or

• (ii) an order of a court in the State,

and was not removed from office;

“immediate family member” means, in relation to a relevant person who is deceased, a parent, step-parent, guardian, spouse, civil partner, cohabitant, partner or child of the relevant person;

“independent assessor” has the meaning assigned to it by section 70;

“independent assessor’s recommendation” has the meaning assigned to it by section 70;

“independent person” has the meaning assigned to it by section 63;

“independent person’s recommendation” has the meaning assigned to it by section 65;

“independent reviewer” has the meaning assigned to it by section 63;

“independent reviewer’s recommendation” has the meaning assigned to it by section 68;

“Irish Prison Service” means the prison service of the Department of Justice, Home Affairs and Migration, which is charged with the management of prisons within the meaning of section 2 of the Act of 2007;

“notice of revocation” has the meaning assigned to it by section 71;

“other determination” means, in relation to a person—

• (a) a caution administered to the person, or

• (b) an order made by a court in respect of the person under section 1(1) of the Act of 1907;

“participant” means a person who participated in any of the applicable activity or whose participation was sought by whatever means;

“partner” means, in relation to a relevant person who is deceased, a person who was in an intimate and committed personal relationship with the relevant person immediately prior to the relevant person’s death;

“Probation Service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible, commonly known by that name;

“public body” means—

• (a) An Garda Síochána,

• (b) the Courts Service,

• (c) the Defence Forces,

• (d) the Irish Prison Service,

• (e) the Office of the Attorney General,

• (f) the Office of the Chief State Solicitor,

• (g) the Office of the Director of Public Prosecutions, or

• (h) the Probation Service;

“record” includes a part of a record and a copy of a record;

“relative” means, in relation to a relevant person who is deceased, a brother, step-brother, sister, step-sister, grandchild, uncle, aunt, niece, nephew, grandniece or grandnephew of the relevant person;

“relevant conviction or other determination”, in relation to a person, means—

• (a) the conviction of the person on or after 6 December 1922 by a court of criminal or military jurisdiction—

• (i) of the offence of buggery, or

• (ii) of an offence under—

• (I) section 62 of the Offences against the Person Act 1861,

• (II) section 11 of the Criminal Law Amendment Act 1885, or

• (III) section 1(1)(b) of the Vagrancy Act 1898,

or

• (b) an other determination in relation to an offence referred to in paragraph (a);

“relevant person” has the meaning assigned to it by section 61;

“sexual activity” includes alleged or attempted sexual activity or the solicitation of such activity;

“transferred record” means a record transferred by a public body to the National Archives under the National Archives Act 1986.

61. Application for certificate of disregard

61. (1) A person (in this Part referred to as a “relevant person”) who has a relevant conviction or other determination, or if the relevant person is deceased, a person referred to in section 62(1)(c) or (d), may apply to the Minister under section 62 for a certificate of disregard in respect of that relevant conviction or other determination (in this Part referred to as an “application”) where—

• (a) the conduct constituting the offence was sexual activity between persons of the same sex, and

• (b) the relevant person, or, where appropriate, a person referred to in section 62(1)(c) or (d) considers that—

• (i) each of the criteria specified in subsection (2) is satisfied, or

• (ii) subsection (3) applies in relation to the relevant person.

• (2) The criteria referred to in subsection (1)(b)(i) are the following:

• (a) the relevant person did not cause, or attempt to cause, another person to participate in any of the sexual activity concerned without the consent of that other person;

• (b) the relevant person did not engage, or attempt to engage, in any of the sexual activity concerned with another person who—

• (i) subject to subsection (4), was under the age of 17 years, or

• (ii) bore the characteristics of a protected person (within the meaning of section 21 of the Act of 2017);

• (c) the relevant person was not, at the time of any of the sexual activity concerned, a person in authority (within the meaning of section 1 of the Criminal Law (Sexual Offences) Act 2006) in relation to another participant in the sexual activity concerned who—

• (i) was over the age of 17 years but under the age of 18 years, or

• (ii) bore the characteristics of a relevant person (within the meaning of section 22 of the Act of 2017);

• (d) the relevant person did not, in the course of the sexual activity, engage in conduct referred to in section 5 of the Act of 2017;

• (e) the relevant person did not pay, give, offer, or promise to pay or give another person money or any other form of remuneration or consideration for the purpose of participating in any of the sexual activity concerned;

• (f) the sexual activity would not, if occurring in the same circumstances at the time that the relevant person makes the application, constitute an offence.

• (3) The criteria specified in subsection (2) shall not apply in circumstances where the relevant person was compelled, coerced or deceived into participating in the sexual activity or otherwise did not consent to the sexual activity the subject of the conviction or other determination, as the case may be.

• (4) Subsection (2)(b)(i) shall not apply where any person under the age of 17 years, with whom the relevant person engaged in any of the sexual activity, was at the time the activity concerned took place—

• (a) either—

• (i) older than the relevant person, or

• (ii) not more than 2 years younger than the relevant person,

• (b) not under 15 years of age, and

• (c) not the subject of a relationship which involved intimidation or exploitation by the relevant person.

• (5) Notwithstanding subsection (2)(f), the relevant person or, where appropriate, a person referred to in section 62(1)(c) or (d) may make an application where he or she believes—

• (a) (for such reasons as shall be stated in the application) that the relevant person would not have been cautioned or prosecuted, as the case may be, in relation to the sexual activity concerned had the sexual activity been heterosexual in nature, and

• (b) the criteria specified in paragraphs (a) to (e) of subsection (2) are satisfied.

62. Procedure for making applications

62. (1) An application may be made to the Minister—

• (a) by the relevant person concerned,

• (b) by a person nominated in writing by the relevant person to make the application on the relevant person’s behalf,

• (c) where the relevant person is deceased, by an immediate family member, or

• (d) where the relevant person is deceased but there is no immediate family member who can or wishes to make an application, by a relative, other than where there is an objection by an immediate family member to such an application being made in respect of the relevant person,

and a person who makes an application shall in this Part be referred to as an “applicant”.

• (2) An application shall be in writing and in such form and contain such information as the Minister may specify and—

• (a) may include such additional information as the applicant considers relevant to the application,

• (b) may be accompanied by a statutory declaration made by the relevant person, or another participant in the sexual activity concerned, stating that the relevant conviction or other determination which is the subject of the application satisfies the criteria under section 61 for a certificate of disregard, and

• (c) shall, where an application is one to which section 61(5) applies, set out the reasons as to why the relevant person or, where appropriate, a person referred to in subsection (1)(c) or (d), believes that the relevant person would not have been cautioned or prosecuted, as the case may be, in relation to the sexual activity concerned had the sexual activity been heterosexual in nature.

• (3) An application shall be made within a period of 24 months of the commencement of this Part, however, the Minister may, at his or her discretion, accept and consider an application made after the expiry of this period.

• (4) A fee shall not be payable to the Minister in relation to an application.

63. Appointment of persons to consider applications and undertake reviews

63. (1) The Minister shall appoint one or more persons on such terms and conditions as the Minister may determine for the following purposes:

• (a) to consider applications under sections 64 and 65 (in this Part referred to as an “independent person”);

• (b) to carry out reviews under section 68 (in this Part referred to as an “independent reviewer”).

• (2) A person shall not be appointed under subsection (1) unless the Minister is satisfied that the person is suitable to be so appointed by reason of his or her possessing such relevant experience, qualifications or specialist knowledge, or satisfying such other criteria, as the Minister considers appropriate having regard to the functions of the person under this Part.

• (3) The Minister may request in writing a person appointed under this section to provide the Minister with such information, and within such period as the Minister may specify in the request, in relation to the carrying out by the person of his or her functions under this Part and, where the Minister makes such a request, the person shall comply with that request.

64. Preliminary assessment of applications

64. (1) An independent person shall, in respect of any application before him or her, consider the application and may request from any person such further information as the independent person reasonably considers necessary to verify—

• (a) the identity of the applicant,

• (b) where applicable, the relationship of the applicant to the relevant person, and

• (c) where section 62(1)(d) applies, confirmation of the circumstances giving rise to the application being brought by the applicant concerned.

• (2) Where the independent person, having had regard to the application and such information, if any, as he or she has obtained under this section, is not satisfied that the applicant is a person who may make the application in accordance with section 62(1), the independent person shall not consider the application further and shall notify in writing—

• (a) the applicant, informing him or her of the decision and the reasons for that decision, and that he or she may make a request in writing to the Minister, within 28 days of the date of the notification, to seek a review of the decision under section 68, and

• (b) the Minister, informing him or her of the decision, accompanied by the application and such other information, if any, that the independent person obtained in relation to the application.

• (3) Where the independent person, having had regard to such information, if any, as he or she has obtained under this section, is satisfied that the applicant is a person who may make the application in accordance with section 62(1), the independent person shall proceed to consider the application under section 65.

65. Consideration by independent person of application

65. (1) An independent person may, for the purposes of considering an application, request in writing a public body to furnish him or her with copies of any records that the public body may hold or any transferred records that the public body may formerly have held, which are, or may be, relevant to the consideration of the application, including any record relating to or referencing the arrest, questioning, caution, charge, prosecution, making of an order under section 1(1) or (2) of the Act of 1907, conviction, sentencing, imprisonment or probation supervision of any person in connection with the application concerned.

• (2) Where a public body receives a request from an independent person under subsection (1), the public body shall within 60 days of the date of the request or such longer period as the independent person may allow—

• (a) provide the independent person with a copy of any record requested, or

• (b) where the public body is unable to locate any such record, notify the independent person of that fact.

• (3) Having had regard to such information as is contained in the application and such further information, if any, as the independent person may have obtained from a public body under subsection (2), the independent person shall, if he or she considers it necessary, make all further reasonable efforts to locate and obtain such additional information as may assist the independent person to—

• (a) verify the existence of the applicable conviction or other determination,

• (b) determine whether the applicable conviction or other determination is a relevant conviction or other determination, or

• (c) consider whether the relevant conviction or other determination satisfies the criteria under section 61 for a certificate of disregard.

• (4) An independent person may consult with any person whom the independent person reasonably considers may be appropriate by reason of that other person’s experience, qualifications, specialist knowledge or knowledge of the matters being considered by the independent person.

• (5) An independent person, in considering an application, shall consider whether the criteria in section 61 are satisfied and shall consider all other information in his or her possession pursuant to this section for those purposes.

• (6) Without prejudice to the generality of subsection (5), in a case of an application to which section 61(5) applies, the independent person shall consider—

• (a) whether it is likely that the relevant person would not have been cautioned or prosecuted, as the case may be, in relation to the sexual activity concerned had that activity been heterosexual in nature, and

• (b) in considering paragraph (a), whether a person, other than a person engaging in the sexual activity concerned, would have been able to observe the sexual activity without actively seeking out the said activity for the purpose of so observing.

• (7) An independent person shall, having considered the application concerned in accordance with this section, make a recommendation in writing (in this Part referred to as an “independent person’s recommendation”), providing reasons for that recommendation, to the Minister within 4 months of receipt of the application or such longer period as the Minister may allow, advising the Minister that the independent person—

• (a) is satisfied that the applicable conviction or other determination should be disregarded and that he or she is recommending that a certificate of disregard be issued, or

• (b) is not satisfied that the applicable conviction or other determination should be disregarded and that he or she is recommending that a certificate of disregard should not be issued.

• (8) An independent person’s recommendation shall be accompanied by the application, all records and any other information that the independent person obtained in relation to the application.

66. Consideration by Minister of recommendations, etc.

66. (1) Where the Minister receives an independent person’s recommendation he or she shall consider the recommendation concerned and shall—

• (a) if satisfied that the applicable conviction or other determination should be disregarded, issue to the applicant a certificate (in this Part referred to as a “certificate of disregard”) in respect of the relevant conviction or other determination, or

• (b) if not satisfied that the applicable conviction or other determination should be disregarded, notify, in writing, the applicant—

• (i) that the Minister has decided to refuse to issue a certificate of disregard, giving reasons for that decision, and

• (ii) that he or she may in writing, within 28 days of the date of the notification, request a review of the decision under section 68.

• (2) A certificate of disregard shall bear the official seal of the Minister and shall have effect from the date of issue.

• (3) Where the Minister issues a certificate of disregard under subsection (1)(a)—

• (a) the Minister shall, as soon as practicable, notify, or cause to be notified, each public body which holds or may hold (or which may have transferred to the National Archives) a record relating to the disregarded conviction or other determination or any circumstances ancillary thereto of the certificate of disregard in respect of the conviction or other determination concerned, and

• (b) each public body notified under paragraph (a) shall, as soon as practicable, annotate any such record (including any transferred record) in order to record the disregard of the applicable conviction or other determination in such manner as does not in any way amend or otherwise alter the record itself but which ensures that, if such record is subsequently consulted or processed for any purpose, the fact of such disregard is clearly and immediately visible.

67. General effect of certificate of disregard and related matters

67. (1) A person shall not be required—

• (a) by any enactment or rule of law,

• (b) pursuant to the exercise of any law of the State or of another state, or

• (c) by the provisions of any agreement or arrangement with any party in the State or another state which purports to require the person to disclose a conviction or other determination incurred by the person or any circumstances ancillary thereto,

to disclose a disregarded conviction or other determination or any circumstances ancillary thereto.

• (2) Notwithstanding any other enactment or rule of law, where a question is put to a person purporting to seek information in relation to the person’s previous convictions or other determinations or any circumstances ancillary thereto—

• (a) the question shall be regarded as not applying to a disregarded conviction or other determination and the person may respond accordingly, and

• (b) the person shall not incur any liability or be otherwise prejudiced in law because that person did not disclose the disregarded conviction or other determination or circumstances ancillary thereto.

• (3) Notwithstanding any other enactment or rule of law, in any proceedings before a court—

• (a) no evidence shall be admissible to show that a person has—

• (i) committed,

• (ii) been arrested in relation to,

• (iii) received a caution in relation to,

• (iv) been charged with,

• (v) been prosecuted for,

• (vi) received a conviction for,

• (vii) been the subject of an order under section 1(1) or (2) of the Act of 1907, or

• (viii) been sentenced in respect of,

an offence the subject of a disregarded conviction or other determination, and

• (b) in any such proceedings the person shall not be asked, and if asked shall not be required to answer, any question which cannot be answered without disclosing the disregarded conviction or other determination or circumstances ancillary thereto.

• (4) Subsections (1) to (3) are without prejudice to the right of a person to disclose a disregarded conviction or other determination of which the person is the subject.

• (5) Notwithstanding any other enactment or rule of law, where an enquiry is put to An Garda Síochána under any procedure whereby a person may lawfully seek information regarding any conviction or other determination incurred by another person, An Garda Síochána shall not, in response to such enquiry, disclose a disregarded conviction or other determination or any circumstances ancillary thereto.

• (6) Where An Garda Síochána provides a copy of a person’s criminal record at that person’s request, An Garda Síochána shall not include information relating to a disregarded conviction unless so requested by the person and, if so requested, shall provide such information separately from information concerning that person’s other convictions (if any).

• (7) Where a conviction or other determination has been disregarded, the fact of such conviction or other determination, or any circumstances ancillary thereto, shall not be a proper ground for dismissing or excluding the person the subject of said conviction or other determination from any office, profession, occupation or employment, or for prejudicing him or her in any way in any occupation or employment.

• (8) This section applies to a response given on or after the date of issue of a certificate of disregard to—

• (a) a request made (either orally or in writing), or

• (b) a requirement notified (either orally or in writing),

before or after the said date seeking, or requiring, as the case may be, information in relation to a person’s previous convictions or other determinations where the information sought or required, as the case may be, relates to a conviction or other determination to which the said certificate of disregard applies.

• (9) In this section—

“court” means any court in the State exercising jurisdiction under civil, criminal or military law;

“state”, in relation to a state other than the State, includes a territory, whether in the state or outside it, for whose external relations the state or its government is wholly or partly responsible and references to a state shall be construed as including references to a subdivision of the government of the state or a national, regional or local entity of the state.

68. Reviews of decisions

68. (1) An applicant may request in writing a review of a decision made under section 64(2) or 66(1)(b), and where he or she does so, the request shall include reasons for seeking the review and may be accompanied by such supporting documentation as the applicant considers appropriate for the purpose of the review.

• (2) Where the Minister receives a request for a review under subsection (1) he or she shall, unless he or she reasonably considers the request to be frivolous, vexatious or otherwise manifestly unfounded, appoint a person, other than the independent person who made the decision under section 64(2) or the recommendation under section 65, as the case may be, as an independent reviewer for the purposes of carrying out a review.

• (3) The Minister shall, upon appointing an independent reviewer, provide him or her with a copy of the application, any records or information obtained by the independent person under section 64 or 65, as the case may be, and where applicable, the independent person’s recommendation under section 65.

• (4) Section 64(1) shall apply to a review of a decision made under section 64(2) as it applies to a consideration by an independent person of an application under that section, with any necessary modifications.

• (5) Subsections (3) to (6) of section 65 shall apply to a review of a decision made under section 66(1)(b) as they apply to a consideration by an independent person of an application under that section, with any necessary modifications.

• (6) An independent reviewer shall, having reviewed the documentation provided under subsection (3) and any information obtained under this section, make a recommendation in writing (in this Part referred to as an “independent reviewer’s recommendation”), providing reasons for that recommendation, to the Minister within 28 days after the independent reviewer was appointed or such longer period as the Minister may allow, as to whether or not the Minister should—

• (a) affirm the decision made under section 64(2), or

• (b) affirm the decision made under section 66(1)(b).

• (7) The Minister, having considered an independent reviewer’s recommendation made under subsection (6)(a), may—

• (a) decide to affirm the decision made under section 64(2) and refuse to consider the application further, in which case the Minister shall inform in writing the applicant of the decision and give reasons for that decision, or

• (b) decide to refuse to affirm the decision made under section 64(2), in which case the Minister shall inform in writing the applicant of the decision.

• (8) Where subsection (7)(b) applies, the Minister shall, under section 63(1)(a), appoint a person (other than the independent person who made the decision under section 64(2) or the independent reviewer who considered or reviewed the decision concerned) to proceed to consider the application under section 65.

• (9) The Minister, having considered an independent reviewer’s recommendation made under subsection (6)(b), may—

• (a) refuse to issue a certificate of disregard, in which case the Minister shall inform in writing the applicant and give reasons for the decision, or

• (b) issue a certificate of disregard, in which case the Minister shall, accordingly, issue such certificate under section 66.

69. Public body obligation to bring certain information to attention of Minister

69. Where, having been notified of the issuance of a certificate of disregard in respect of a relevant person under section 66(3)(a), a public body subsequently becomes aware of information which might reasonably be grounds for a belief that the application upon which the certificate of disregard was granted included, or was supported by, false or misleading information or documentation, the public body shall, as soon as practicable, bring such information to the attention of the Minister.

70. Revocation of certificate of disregard

70. (1) Where, subsequent to the issuance of a certificate of disregard in respect of a relevant person, the Minister—

• (a) having received information, under section 69 or otherwise, which causes him or her to reasonably believe—

• (i) that an application upon which the certificate of disregard was granted included, or was supported by, false or misleading information or documentation, and

• (ii) that, in all the circumstances, it is likely that the independent person would not have recommended that a certificate of disregard be issued in respect of the relevant conviction or other determination concerned had the application not included, or had it not been supported by, such false or misleading information or documentation,

and

• (b) having consulted with such persons as he or she reasonably considers may be appropriate by reason of that other person’s experience, qualifications, specialist knowledge or knowledge of the matters concerned,

is no longer satisfied that the disregarded conviction or other determination concerned should be the subject of a certificate of disregard, the Minister shall notify in writing the applicant concerned that he or she proposes to revoke the certificate of disregard.

• (2) A notification under subsection (1) shall—

• (a) set out the reasons for the Minister’s belief that the certificate of disregard in respect of the disregarded conviction or other determination concerned should be revoked, and

• (b) inform the applicant that he or she may in writing, within 28 days of the date of the notification, request a review of the proposed revocation.

• (3) An applicant may in writing request a review under subsection (2)(b) and any such request—

• (a) shall include the reasons why the applicant considers that the certificate of disregard should not be revoked, and

• (b) may be accompanied by such supporting documentation as the applicant considers appropriate.

• (4) Where the Minister receives a request for a review of a proposed revocation under subsection (3), he or she shall, subject to subsection (5), unless he or she reasonably considers the request to be frivolous, vexatious or otherwise manifestly unfounded, appoint a person (in this Part referred to as an “independent assessor”), other than the independent person who considered the application under section 64 or 65 or, where applicable, the independent reviewer who carried out a review under section 68, to carry out such review of the proposed revocation.

• (5) The Minister shall appoint on such terms and conditions as he or she may determine a retired judge of the Circuit Court, the High Court, the Court of Appeal or the Supreme Court to be an independent assessor to undertake a review under this section.

• (6) The Minister shall, upon appointing an independent assessor, provide him or her with—

• (a) a copy of the application together with any records or information obtained under section 65 and the recommendation under that section, and where applicable, any information obtained under section 68, and

• (b) the information referred to in subsection (1).

• (7) An independent assessor shall, if he or she considers it necessary, make such further reasonable efforts to locate and obtain such additional information as may assist the independent assessor to carry out a review of a proposed revocation.

• (8) An independent assessor may consult with any person whom the independent assessor reasonably considers may be appropriate by reason of that other person’s experience, qualifications, specialist knowledge or knowledge of the matters being considered by the independent assessor.

• (9) An independent assessor shall, within 14 days of his or her appointment or such longer period as the Minister may allow, review the documentation provided under subsection (6) and any information obtained under this section, and shall consider whether he or she is satisfied—

• (a) that the application included, or was supported by, false or misleading information or documentation, and

• (b) that, in all the circumstances, it is likely that the independent person would not have recommended that a certificate of disregard be issued in respect of the relevant conviction or other determination concerned had the application not included, or had it not been supported by, such false or misleading information or documentation.

• (10) Where an independent assessor has completed his or her assessment under subsection (9), he or she shall furnish the Minister with a recommendation in writing (in this Part referred to as an “independent assessor’s recommendation”) recommending—

• (a) where the independent assessor is not satisfied of the matters specified in paragraphs (a) and (b) of subsection (9), that the certificate of disregard should not be revoked, giving reasons for the recommendation, or

• (b) where the independent assessor is satisfied of the matters specified in paragraphs (a) and (b) of subsection (9), that the certificate of disregard should be revoked, giving reasons for the recommendation.

• (11) The Minister may request in writing a person appointed under subsection (4) to provide the Minister with such information, and within such period as the Minister may specify in the request, in relation to the carrying out by the person of his or her functions under this Part and, where the Minister makes such a request, the person shall comply with that request.

• (12) For the purposes of this section and section 71, where the relevant person is alive but is not the applicant, “applicant” shall be construed as a reference to both the applicant and the relevant person.

71. Notice of revocation

71. (1) Where the Minister receives an independent assessor’s recommendation he or she shall consider the recommendation concerned and shall—

• (a) if satisfied that the certificate of disregard should be revoked, issue to the applicant a notice revoking the certificate (in this Part referred to as a “notice of revocation”) and any such notice shall be accompanied by reasons in writing for the decision to revoke the certificate of disregard concerned, or

• (b) if not satisfied that the certificate of disregard should be revoked, notify, in writing, the applicant of his or her decision not to revoke the certificate of disregard concerned.

• (2) Where, in relation to a notification made under section 70(1), the Minister has not received a request in accordance with section 70(3), or where he or she has received such a request but reasonably considers it to be frivolous, vexatious or otherwise manifestly unfounded, the Minister shall issue to the applicant a notice of revocation and any such notice shall be accompanied by reasons in writing for the decision to revoke the certificate of disregard concerned.

• (3) Where the Minister issues a notice of revocation—

• (a) he or she shall, as soon as practicable, notify, or cause to be notified, each public body that holds or may hold (or which may have transferred to the National Archives) a record relating to the previously disregarded conviction or other determination or any circumstances ancillary thereto, and

• (b) each public body notified under paragraph (a) shall, as soon as practicable, annotate any such record in order to reflect the revocation of the disregard in such manner as ensures that, where any such record (including any transferred record) is processed for any purpose, the fact of such revocation is clearly and immediately visible.

• (4) A notice of revocation shall bear the official seal of the Minister and shall have effect from the date of issue.

72. Public awareness of Part

72. The Minister shall make such reasonable efforts, including by the holding of a public information campaign, as he or she considers appropriate to promote awareness among the public, and in particular relevant persons, including among persons residing outside the State, of this Part, including the process for the making and consideration of applications and the effect of section 67.

73. Personal data under Part

73. (1) Personal data processed for the purposes of the performance of their respective functions under this Part by the Minister, a public body, or an independent person, independent reviewer or independent assessor appointed by the Minister under this Part shall be so processed in accordance with the Data Protection Regulation and the Data Protection Act 2018.

• (2) The Minister is designated as data controller in relation to personal data processed by an independent person, independent reviewer or independent assessor for the purposes of the performance by the independent person, independent reviewer or independent assessor of his or her functions under this Part.

• (3) Where the Minister, independent person, independent reviewer or independent assessor receives or obtains a copy of a record or any other written information (other than a media report) under section 62, 64, 65, 68 or 70, he or she shall redact from such copy or from such other written information—

• (a) any information relating to any other offence committed, or alleged to have been committed, by the relevant person unless—

• (i) such information may, in the opinion of the Minister or the independent person, independent reviewer or independent assessor (as the case may be), assist in considering whether the applicable conviction or other determination should be the subject of a certificate of disregard, or

• (ii) the relevant person is deceased,

and

• (b) in such manner as to avoid hindering a consideration of whether the applicable conviction or other determination should be the subject of a certificate of disregard, any information which may identify, or could be used to identify, a living person other than the relevant person in connection with the applicable activity or any other offence or alleged offence.

• (4) In this section—

“data controller” has the meaning it has in the Data Protection Regulation;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016⁸ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“personal data” has the same meaning as it has in the Data Protection Regulation.

74. Limitation of Part

74. Nothing in this Part shall operate to—

• (a) confer any right on any person,

• (b) create any cause of action, or

• (c) impose any liability on the State or on any person.

PART 18 Use of Electronic Technology in Certain Court Proceedings

75. Definitions (Part 18)

75. In this Part—

“criminal proceedings” means proceedings against a person for an offence and includes any appeal proceedings related to the offence;

“relevant proceedings” means proceedings under—

• (a) the Extradition Act 1965,

• (b) the Transfer of Sentenced Persons Act 1995,

• (c) Part II of the International War Crimes Tribunals Act 1998,

• (d) the European Arrest Warrant Act 2003,

• (e) the Transfer of Execution of Sentences Act 2005,

• (f) Part 3 of the International Criminal Court Act 2006, or

• (g) Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,

and includes any appeal proceedings related to such proceedings.

76. Use of electronic means in criminal proceedings and relevant proceedings

76. (1) Notwithstanding any other enactment or rule of law, and without prejudice to any such provision in any enactment or rules of court, rules of court may, in relation to criminal proceedings or relevant proceedings, make provision for—

• (a) the lodgement or filing of a document with, and the making of an application to, a court by transmitting the document or application by electronic means to the court office concerned,

• (b) the issue by or on behalf of a court or court office, by transmitting the document concerned by electronic means, of any of the following:

• (i) a summons;

• (ii) a judgment, decree or other order or determination of a court (including any judgment, decree or other order or determination entered in or issuing from a court office);

• (iii) a warrant;

• (iv) any other document required under any enactment or rule of law to be issued by or on behalf of a court or court office,

or

• (c) the transmission by or on behalf of a court or court office by electronic means of any other document or information required under any enactment or rule of law to be transmitted by or on behalf of a court or court office.

• (2) Where rules of court referred to in subsection (1) provide for the transmission of a document by electronic means, such rules may, in addition—

• (a) provide that such transmission be subject to such conditions and exceptions as may be specified in the rules,

• (b) in relation to the transmission of a document referred to in subsection (1)(a), require that—

• (i) such a document be authenticated, and

• (ii) the identity of the person transmitting such a document be verified, including by the provision of the personal public service number issued to the person,

in such manner as may be specified in the rules,

• (c) in relation to the transmission of a document referred to in paragraph (b) or (c) of subsection (1), require that the identity of the person receiving such a document be verified, including by the provision of the personal public service number issued to the person, in such manner as may be specified in the rules, and

• (d) specify whether such transmission is in place of, or is an alternative to, any other method by which such document could be filed, lodged, issued or transmitted, or such application could be made, as the case may be.

• (3) Rules of court may provide that, where a document that is required under any enactment or rule of law to be furnished to, or lodged or filed with, a court, is, in accordance with rules of court referred to in subsection (1), furnished to, or lodged or filed with, the court by electronic means—

• (a) a copy of that document transmitted by electronic means and displayed in readable form, or

• (b) a printed version of such a copy,

shall be treated as the original of the document.

• (4) References, howsoever expressed, in any enactment or rule of law to—

• (a) the furnishing of a document to a court,

• (b) the lodgement or filing of a document with a court,

• (c) the making of an application to a court,

• (d) the transmission of a document to or by a court, or

• (e) the issue of a document by a court,

shall be construed as including references to the performance of such action by electronic means, where this is provided for in rules of court referred to in subsection (1).

• (5) In this section—

“court office” means—

• (a) an office of, or attached to—

• (i) the Supreme Court,

• (ii) the Court of Appeal,

• (iii) the High Court,

• (iv) the President of the High Court,

• (v) the Circuit Court, or

• (vi) the District Court,

or

• (b) an office of the Courts Service designated by the Courts Service for the purpose of receiving documents or applications, or issuing documents, by electronic means for the purposes of any enactment or rule of law;

“personal public service number” has the same meaning as it has in section 262 of the Social Welfare Consolidation Act 2005.

77. Statement of truth in criminal proceedings and relevant proceedings

77. (1) Subject to subsection (2), where, in criminal proceedings or relevant proceedings, evidence is to be given on, or a document or information is to be verified by, affidavit or statutory declaration, rules of court may, notwithstanding any other enactment or rule of law, make provision for a statement, which shall be known as a section 77 statement of truth, to be made and transmitted by electronic means in place of the affidavit or statutory declaration concerned and subject to such conditions and exceptions as may be specified by such rules.

• (2) A section 77 statement of truth—

• (a) may be in electronic form,

• (b) shall contain a statement that the person making the statement of truth has an honest belief that the facts stated therein are true,

• (c) may be signed by the person making it by that person entering his or her name in an electronic format or otherwise electronically as may be permitted by rules of court, and

• (d) shall comply with any other requirements as to its content, verification, authentication or form as may be prescribed by rules of court.

• (3) Where rules of court have made provision for the matters referred to in subsection (1), any reference in any enactment to an affidavit or a statutory declaration shall be construed as including a reference to a section 77 statement of truth which may be made in place of such affidavit or statutory declaration by virtue of that subsection.